IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N I.A Nos. 2 & 3 of 2024 in/and CRIMINAL PETITION No: 3438 of 2024 Between: 1. Malla Vijay Prasad, S/o Malla Joseph Naidu, Aged about 58 years, Occ MD of Welfare Building & Estate PVT Ltd. R/o 53-32-5/23, KRM Colony, Seethammadhara,Visakhapatnam. 2. A Sreenivasulu, S/o A Satyanarayana, Aged about 57 years, Occ Director of Welfare Building and Estate PVT Ltd. R/o 10-28-2/54, Flat no. 507, MWMK Royal Gardens Rockdale Layout, Maharanipeta,Visakhapatnam. 3. T Samba Siva Rao, S/o Thummaluru Venkata Swamy, Aged about 52 years, Occ Branch In charge of Welfare Building and Estate PVT Ltd, R/o 7/ 1203-2, M J Kunta, Kadapa. ...Petitioner/Accused No.1 to 3 AND 1. The State of Andhra Pradesh, Rep.by Public Prosecutor, High Court, Amaravati ...Respondent No.1 2. Thirampuram Anantha Lakshmi, W/o Ummadisetty Siva, Aged about 34 years, R/o 4/67-d-1-A, Usman Nagar, Rajampeta, Kadapa District. ...Respondent No.2/Defacto Complainant Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records in connection with FIR No. 204 of 2023 dated 20-06-2023 on the file of Rajampet Police Station which was registered for the alleged offences under Section 420, 406 r/w 34 [PC and Section 5 of AP Protection of Depositors of Financial -Establjshments Act and to quash the same against the Petitioners as it is illegal,i Arbitrary, unjust and abuse of process of law and further the .. averments do not attract the ingredients of the alleged offences against the * 4 petitioner. I.A. No: 2 OF 2024 Between: Thirampuram Anantha Lakshmi, W/o Ummadisetty Siva, Aged about 34 years, R/o 4/67-d-1-A, Usman Nagar, Rajampeta, Kadapa District. ...Petitioner/Respondent No.2/Defacto Complainant AND 1. Malla Vijay Prasad, S/o Malla Joseph Naidu, Aged about 58 years, Occ MD of Welfare Building & Estate PVT Ltd. R/o 53-32-5/23, KRM Colony, Seethammadhara,Visakhapatnam. 2. A Sreenivasulu, S/o A Satyanarayana, Aged about 57 years, Occ Director of Welfare Building and Estate PVT Ltd. R/o 10-28-2/54, Flat no. 507, MWMK Royal Gardens Rockdale Layout, Maharanipeta,Visakhapatnam. 3. T Samba Siva Rao, S/o Thummaluru Venkata Swamy, Aged about 52 years, Occ Branch In charge of Welfare Building and Estate PVT Ltd, R/o 7/ 1203-2, M J Kunta, Kadapa. ...Respondent No.1 to 3/Petitioners/Accused No.1 to 3 1. The State of Andhra Pradesh, Rep.by Public Prosecutor, High Court, Amaravati ...Respondent No.4/Respondent No.1 Petition under Section 320(6) r/w 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioners to compoundthe offences U/s. Section 420, 406 r/w 34 IPC and Section 5 of AP Protection of Depositors of Financial Establishment Act and thereby record the compromise and Quash the proceedings against the Respondents/Petitioners/Accused in FIR No. 204 of 2023 on 20-06-2023 on the file of Rajampet P.S, Annamayya district. I.A. No: 3 OF 2024 Between: Thirampuram Anantha Lakshmi, W/o Ummadisetty Siva, Aged about 34 years, R/o 4/67-d-1-A, Usman Nagar, Rajampeta, Kadapa District. ...Petitioner/Respondent No.2/Defacto Complainant AND 1. Malla Vijay Prasad, S/o Malla Joseph Naidu, Aged about 58 years, Occ MD of Welfare Building & Estate PVT Ltd. R/o 53-32-5/23, KRM Colony, Seethammadhara,Visakhapatnam. 2. A Sreenivasulu, S/o A Satyanarayana, Aged about 57 years, Occ Director of Welfare Building and Estate PVT Ltd. R/o 10-28-2/54, Flat no. 507, MWMK Royal Gardens Rockdale Layout, Maharanipeta,Visakhapatnam. 3. T Samba Siva Rao, S/o Thummaluru Venkata Swamy, Aged about 52 years, Occ Branch In charge of Welfare Building and Estate PVT Ltd, R/o 7/ 1203-2, M J Kunta, Kadapa. ...RespondentNo.1 to 3/Petitioners/AccusedNo.1 to 3 4. The State of Andhra Pradesh, Rep.by Public Prosecutor, High Court, Amaravati ...Respondent No.4/Respondent No.1 Petition under Section 320(2) r/w 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compromise the case with the Accused and Quash the proceedings against the Respondents/Petitioners/Accused in FIR No. 204 of 2023 on 20-06- 2023 on the file of Rajampet P.S, Annamayya district. I.A. NO: 4 OF 2024 Petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in FIR No. 204 of 2023 dated 20-06-2023 on the file of Rajampet Police Station against the Petitioners herein, pending disposal of the main petition. This Petition, coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V Nitesh, Advocate for the Petitioners/Accused and the Assistant Public Prosecutor on behalf of Respondent No.1 and of Sri K.Devanath, Advocate for Respondent No.2/Defacto Complainant. The Courtmade the following: APHC010221192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3457] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3438/2024 Between: ...PETITIONER/ACCUSED{S) Malla Vijay Prasad and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitloner/accused{S); 1.VNITESH Counsel for the Respondent/complainant{S): 1.KDEVANATH 2.PUBLIC PROSECUTOR (AP) The Court made the following: 2 THE HONOURABLE SRI JUSTICE HARINATH.N lA Nos.2 & 3 of 2024 in/and Criminal Petition No:3438 of 2024 COMMON ORDER: This Criminal Petition, under Section 482 of Cr.P.C. corresponding to Section 528 of B.N.S.S., 2023 has been filed on behalf of the petitioners herein/A1 to A3, to quash the proceedings in FIR No.204 of 2023 on the file of the Rajampet Police Station, Annamayya District. Heard learned counsel for the petitioners herein/A1 to A3, learned counsel representing for the unofficial respondent No.2/de facto complainant and learned Assistant Public Prosecutor representing the State/respondent No.1. 2. 3. Today, when the matter is taken up for hearing, petitioners herein/A1 to A3, respondent No.2/de facto complainant present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for respondent No.2 have identified their parties in the open Court. This Court has questioned respondent No.2 herein/ defacto-complainant with regard to compromise are 4. and she 3 categorically stated to that extent that she has voluntarily entered into compromise with the petitioners herein/A1 to A3. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak. 5. In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & another^, quashing of criminal case, when the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the case proceedings in FIR No.204 of 2023 on the file of the Rajampet Police Station, Annamayya District, against the petitioners herein/A1 to A3 are hereby quashed. on 6. Accordingly, I.A.Nos.2 and 3 of 2024 and Criminal Petition No.3438 of 2024 are allowed. Interlocutory applications, if any, pending shall stand closed. ^2012(9) SCALE 257 Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Officer, Rajampet Police Station, YSR Kadapa 1. The Station House District 2. One CC to Sri V. Nitesh, Advocate [OPUC] Sri K Devanath, Advocate [OPUC] Public Prosecutor, High Court of Andhra Pradesh at 3. One CC to 4. Two CCs to the Amaravathi [OUT] 5. Three CD Copies. (*aIong with a copy of joint compromise ise memo filed in LA No.2 & 3/6f 2024) stu HIGH COURT DATED: 17/03/2025 5 OJ APR 2025 ^ ^ . Current Section » Si COMMON ORDER I.A Nos. 2&3 of 2024 in/and CRLP.No.3438 of 2024 ALLOWING THE I.A Nos.2 and 3 of 2024 ALLOWING THE CRIMINAL PETITION c JOINT MEMO TO PERMIT THE RESPONDENTS/PETITIONERS/ACCUSED No.1 TO 3 AND THE PETITIONER/RESPONDENT No.2/DEFACTO-COMPLAINANT TO COMPOUND THE OFFENCES IN FIR No. 204 of 2023 dated 20-06-2023 ON THE FILE OF RAJAMPET POLICE STATION. ANNAMAYYA DISTRICT. .5 1. It is submitted that, the defacto complainant approached the Rajamapet P.S and filed a complaint against the Petitioners herein It is submitted that, basing on the said complaint, the Police Station at Rajampet has registered FIR No. 204 of 2023 on 20-06-2023 for the offences under Section 420, 406 r/w 34 I PC and Section 5 of AP Protection of Depositors of Financial Establishment Act against the petitioners who are arrayed as Accused No.1 to 3 respectively. 2. It is submitted that, post filing of the FIR and the crime being registered against the petitioners herein, the petitioners herein have deposited the sum amount to the respondent no.2 herein as such the parties have settled their disputes out of the court amicably for which a Joint Memorandum of Compromise executed between respondent No.2 and accused No. 1 to 3 as such there is no likelihood of any further litigation. 3. It is submitted that the on the intervention of elders, well-wishers and friends, the Petitioner/Accused No.1 to 3 herein and the Respondent No.2/Defacto- Complainant have resolved their issues and as such executed a Memorandum of Understanding Cum Settlement dated on the following terms and conditions: CONDITIONS OF PETITIONER/RESPONDENT N0.2/DEFACTO- COMPLAINANT a. The respondent no.2/Defacto Complainant has stated that accused No1 to 3 have repaid the deposited amount which the defacto complainant is ought to receive therefore, the verge to hold them as accused persons does not arise at all. I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI I.ANO. OF 2024 IN CRLP. NO. OF 2024 Between: Malla Vijay Prasad, S/o Malla Joseph Naidu, Aged about 58 years, Occ: MD of Welfare Building & Estate PVT Ltd. R/o 53-32-5/23, KRM Colony, Seethammadhara, Visakhapatnam. 1. 2. A Sreenivasulu, S/o A Satyanarayana, Aged about 57 years, Occ: Director of Welfare Building & Estate PVT Ltd. R/o 10-28-2/54, Flat no. 507, MWMK Royal Gardens Rockdale Layout, Maharanipeta, Visakhapatnam. T Samba siva Rao, S/o Thummaluru Venkata Swamy, Aged about 52 years, Occ: Branch In charge of Welfare Building & Estate PVT Ltd, R/o 7/ 1203-2, M J Kunta, Kadapa. 3. ...Petitioners/Accused No.1 to 3 AND: 1. The State of Andhra Pradesh Rep.by Public Prosecutor, High Court, Amaravati. ...Respondent No.1 2. ThirampuramAnantha Lakshmi, W/o Ummadisetty Siva Aged about 34 years, R/o 4/67-d-1-A, Usman Nagar, Rajampeta, Kadapa District. ....Respondent No.2/De/ac/o Complainant r CONDITIONS OF RESPONDENT/PETITIONERS N0.1 T03 /ACCUSED 1 TO 3 a. The petitioners/Accused No. 1 to 3 and respondent no.2/Defacto Complainant should not initiate any kind of criminal and civil proceedings against each other. Accused No.1 to 3 Petitroh C) Counsel for Petitioners/Accused No.1 to 3 ResptSndent No,2/Defacto-Complainant Counsel for Defacto-Complainant Place: Amaravathi. Date: 05.05.2024