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High Court of Andhra Pradesh · body

2025 DAILYLAW 16622 (AP)

MALLISETTY HARISH RAJA v. THE STATE OF ANDHRA PRADESH

CRLP/5061/2025 · 2025-05-06

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

i IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N lA No’s 2 and 3 of 2025 IN/AND CRIMINAL PETITION NO: 5061 OF 2025 Between: 1. Mallisetty Harish Raja(A1), S/o. Satya Rao, age 37 years, Hindu, Business Wo. Fiat. No. FF-106, Uppalapati Heights, Vanapalavari Street, Singh Nagar, Vijayawada 2. Parasa Prabhas(A2), S/o. Vijaya Kumar, age 23 years. Private Employee / Wo. D. No. 31-1-14/B,BMR Street, Moghalraj Puram Vijayawada - 520010 3. Andugula Naga Sai (A3), S/o. (Late) Durga Rao, age 24 years. Student Wo. D. No. 43-106/1-52, Uppalapati Heights, Vanapalavari Street,Singh Nagar, Vijayawada 4. Chodavarapu Prasana Kumar (A4), S/o. Dasu, age 23 years. Student Wo. BMR Street, Moghalraj Puram, Vijayawada 5. Andugula Sirisha (A5), S/o. (Late) KotcherlaVenkta Ramu, age 35 years. Wo. D. No. 43-106/1-52, Uppalapati Heights, Vanapalavari Street, Singh Nagar, Vijayawada ...PETITIONER/ACCUSED AND 1. The State Of Andhra Pradesh, Through SHO, Gajuwaka Police Station, Visakhapatnam District Rep by Public Prosecutor High Court of Andhra Pradesh at Amaravathi ...1®* RESPONDENT 2. Dharmana Tirumala Rao, S/o. Ramana Murthy, age 22 years. Pvt Employee R/o. D. No. 24-106-10/2, Gonthivanipalem, Star Breed Animal Hospital, 2nd Floor, Near SFS School, KanithiRaod, Gajuwaka, Visakhapatnam. ...2 nd RESPONDENT/ DEFACTO COMPLAINANT Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the petition to quash the proceedings in CC No. 7 of 2024 on the file of the III Additional Chief Metropolitan Magistrate Gajuwaka, Visakhapatnam District against the Petitioners/ Accused No’s 1 at to 5 I.A. NO: 2 OF 2025 Between: Dharmana Tirumala Rao, S/o. Ramana Murthy, age 22 years. Pvt Employee R/o. D. No. 24-106-10/2, Gonthivanipalem, Star Breed Animal Hospital, 2nd Floor, Near SFS School, KanithiRaod, Gajuwaka, Visakhapatnam. PETITIONER / RESPONDENT /DEFACTO COMPLAINANT I AND • -if- 1. The State Of Andhra Pradesh, Through SHO, Gajuwaka Police Station, Visakhapatnam District Rep by Public Prosecutor High Court of Andhra Pradesh at Amaravathi ... RESPONDENT 2. Mallisetty Harish Raja(A1), S/o. Satya Rao, age 37 years, Hindu, Business Wo. Fiat. No. FF-106, Uppalapati Heights, Vanapalavari Street, Singh Nagar, Vijayawada 3. Parasa Prabhas (A2), S/o. Vijaya Kumar, age 23 years. Private Employee / Wo. D. No. 31-1-14/B,BMR Street, Moghalraj Puram Vijayawada - 520010 4. Andugula Naga Sai (A3), S/o. (Late) Durga Rao, age 24 years. Student Wo. D. No. 43-106/1-52, Uppalapati Heights, Vanapalavari Street,Singh Nagar, Vijayawada 5. Chodavarapu Prasana Kumar (A4), S/o. Dasu, age 23 years. Student Wo. BMR Street, Moghalraj Puram, Vijayawada 6. Andugula Sirisha (A5), S/o. (Late) KotcherlaVenkta Ramu age 35 years. Wo. D. No. 43-106/1-52, Uppalapati Heights, Vanapalavari Street, Singh Nagar, Vijayawada ... RESPONDENTS /PETITIONERS/ACCUSED No’s 1 to 5 Petition under Section 320(2) of Cr.P.C, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise and quash the C.C. No. 7/2024 on the file of the III Additional Chief Metropolitan Magistrate at Gajuwaka in Cr . NO. 1015 / 2022 on the file of the Gajuwaka PS dated 22-10-0022 for alleged offences under section 342, 452, 363 R/w 34 IPC • / I.A. NO: 3 OF 2025 Between: Dharmana Tirumala Rao, S/o. Ramana Murthy, age 22 years, Pvt Employee R/o. D. No. 24-106-10/2, Gonthivanipalem, Star Breed Animal Hospital, 2nd Floor, Near SFS School, KanithiRaod, Gajuwaka, Visakhapatnam. PETITIONER / RESPONDENT /DEFACTO COMPLAINANT AND 1. The State Of Andhra Pradesh, Through SHO, Gajuwaka Police Station, Visakhapatnam District Rep by Public Prosecutor High Court of Andhra Pradesh at Amaravathi ... RESPONDENT 2. Mallisetty Harish Raja(AI), S/o. Satya Rao, age 37 years, Hindu, Business Wo. Fiat. No. FF-106, Uppalapati Heights, Vanapalavari Street, Singh Nagar, Vijayawada 3. Parasa Prabhas (A2), S/o. Vijaya Kumar, age 23 years. Private Employee / Wo. D. No. 31-1-14/B,BMR Street, Moghalraj Puram Vijayawada - 520010 4. Andugula Naga Sai (A3), S/o. (Late) Durga Rao, age 24 years. Student Wo. D. No. 43-106/1-52, Uppalapati Heights, Vanapalavari Street,Singh Nagar, Vijayawada ff 5. Chodavarapu Prasana Kumar (A4), S/o. Dasu, age 23 years, Student Wo. BMR Street, Moghalraj Puram, Vijayawada 6. Andugula Sirisha (A5), S/o. (Late) KotcherlaVenkta Ramu age 35 years. Wo. D. No. 43-106/1-52, Uppalapati Heights, Vanapalavari Street, Singh Nagar, Vijayawada ... RESPONDENTS /PETITIONERS/ACCUSED No’s 1 to 5 Petition under Section 359(6) of BNSS, 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 compound the offence under section 342, 452, 363 R/w 34 IPC in C.C. No. 7/2024 on the file of the III Additional Chief Metropolitan Magistrate at Gajuwaka in Cr NO. 1015/ 2022 on the file of the Gajuwaka PS dated 22-10-0022 I.A. NO: 4 OF 2025 Petition under Section 528 of BNSS, circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to grant stay all further proceedings in CC No. 7 of 2024 on the file of the III Additional Chief Metropolitan Magistrate at Gajuwaka, Visakhapatnam District including appearance of Petitioners/ Accused No’s 1 to 5 pending disposal of the main quash petition praying that in the n This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. Uma Sankar, Advocate for the Petitioners and the Public Prosecutor (AP) on behalf of the Respondent No.1 and of Sri M K Raj Kumar, Advocate for the Respondent No.2 The Court made the following Order: APHC010220732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •I [3457] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5061/2025 Between; Mallisetty Harish Raja and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.GANGISETTI UMA SANKAR Counsel for the Respondent/complainant(S): 1.M K RAJ KUMAR 2.PUBLIC PROSECUTOR LAJslos.2 and 3 of 2025 IN/AND CRIMINAL PETITION NO.5061 of 2025 COMMON ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS) has been filed by the petitioners/Accused, seeking quashment of the proceedings against them in C.C No.7 of 2024 on the file of Metropolitan Magistrate at Gajuwaka, Visakhapatnam District, for the offences under Sections 342, 452, 365 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’). I.A.No.2 of 2025 has been filed by the 2"^ respondent, seeking to 2. quash the proceedings in C.C No.7 of 2024 on the file of Metropolitan Magistrate at Gajuwaka, Visakhapatnam District, and a joint memo has been filed. I.A.No.3 of 2025 has been filed by the 2"^ respondent, seeking to 3. compound the offence between the parties. The learned counsel for the petitioners, the learned counsel 4. representing the unofficial respondent No.2, and the learned Assistant Public Prosecutor representing respondent No. 1/State are present. Today, when the matter is taken up, petitioners herein/Accused and the 2"^ respondent appeared before this Court. They produced 5. their respective Aadhar cards as proof of their identity. The learend nd counsel for the petitioners and the learned counsel for the 2 respondent identified the parties in open Court. nd 6. This Court questioned the 2 respondent regarding the compromise, and he categorically stated that he has voluntarily entered into a compromise with the petitioners herein/Accused. This Court is satisfied with the identification of the parties and the voluntariness of the compromise. 7. Since the parties have entered into a settlement and compromise, the Criminal Petition is allowed. Accordingly, the proceedings in C.C No.7 of 2024, on the file of the Metropolitan Magistrate at Gajuwaka, Visakhapatnam District, against the petitioners herein/ Accused are hereby quashed. 8. Accordingly, I.A.Nos.2 and 3 of 2025 and Criminal Petition No.5061 of 2025 are allowed. As a sequel thereto, interlocutory applications pending, if any. shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECtrON OFFICER To 1. The III Additional Chief Metropolitan Magistrate at Gajuwaka Visakhapatnam District 2. The Station House Officer, Gajuwaka Police station, Visakhapatnam e=-_ -t Commossionerate. »- 3. One CC to Sri G. Uma Sankar, Advocate [OPUC] 4. One CC to Sri M. K. Raj Kumar, Advocate [OPUC] 5. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 6. Three CD Copies *Along with Joint memo of Compromise in I.A.No.2/2025 in CRLP No.5061 of 2025 MV vna HIGH COURT DATED: 07/05/2025 COMMON ORDER lA No’s 2 and 3 of 2025 in/and CRLP.No.5061 of 2025 OF ANO#^ s 13 MAY 2125 m ALLOWING THE I.A No’s 2 and 3 of 2025 in/and CRLP.No.5061 of 2025 U IN THE HIGH COURT OF ANDHRA PRADESH AT AMAHIAVATI OF 2025 I.A. NO, IN OF 2025 CRLP.NO. Between; I.Mallisetty Harish Raja (A1) S/o. Satya Rao, age 37 years, Hindu, Business R/o. Flat. No. FF-106, Uppalapati Heights, Vanapalavari Street, Singh Nagar, Vijayawada 2. Parasa Prabhas (A2) S/o. Vijaya Kumar, age 23 years. Private Employee R/o. D. No. 31-1-14/B, BMR Street, Moghalraj Puram Vijayawada - 520010 3. Andugula Naga Sai (A3) S/o. (Late) Durga Rao, age 24 years. Student R/o. D. No. 43-106/1-52, Uppalapati Heights, Vanapalavari Street, Singh Nagar, Vijayawada 4.Chodavarapu Prasana Kumar (A4) S/o. Dasu, age 23 years. Student R/o. BMR Street, Moghalraj Puram, Vijayawada 5. Andugula Sirisha (A5) S/o. (Late) KotcherlaVenkta Ramu, age 35 years, R/o. D. No. 43-106/1-52, Uppalapati Heights, Vanapalavari Street, Singh Nagar, Vijayawada Petitioner/Accused And 1. The State of Andhra Pradesh Through SHO, Gajuwaka Police Station, Visakhapatnam District Rep by Public Prosecutor High Court of Andhra Pradesh at Amaravathi 1®‘ Respondent 2. ©wamlsa Tirumala Rao S/o. Ramana Murthy, age 22 years, Pvt Employee R/o. D. No. 24-106-10/2, Gonthivanipalem, Star Breed Animal Hospital, 2'"'^ Floor, Near SFS School, KanithiRaod ...2"^ Respondent/ defacto-complainant Gajuwaka, Visakhapatnam. JOINT MEMO that the Petitioners/Accused herein filed the above C.C. No. 7/2024 In Cr. It is submitted 1) Quash Petition seeking to quash the proceedings in 1015/ 2024pending before the Learned 111 Addl. Chief Metropolitan Magistrate The Respondent No. 2 has Court atGajuwaka, Visakhapatnam District. lodged the above case and the same was registered a case against the for the offences for the offence's U/s 342, 452 365R/W 34 of IPC. Petitioners at the instance of elders and well-wishers of both and 2"'^& S'^'Respondent here in have come to a It is submitted that 2) sides, the Petitioners conclusion to settle the disputes pending before this Hon’ble Court. As such we have filed a Petition seeking the Hon’ble Court to record the Compromise, The matter was settled between both the parties amicably with a condition that of involvement of both parties with each other activities in there is no question day to day life. The content mentioned in the said Compromise Petition is true and correct to the best of our knowledge and belief. The said compromise and consent and without any undue influence from IS entered with free will anyone. Hence, we are filing the present joint Memo. p^^'Ktitioners Counsi Amaravati Date . :espondents Counsel fol