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2025 DAILYLAW 17217 (AP)

Ala Chandrasekhar, v. The State of Andhra Pradesh,

CRLP/3769/2022 · 2025-02-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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•N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE honourable DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A Nos.1 & 2 of 2025 IN/AND CRIMINAL PETITION NO: 3769 OF 2022 ^IMINAL PETITION NO: 3769 OF 2022 Between: 1. Ala Chandrasekhar, S/o Gangaraju, Aged about 34 years, R/o Kanagala Village, Cherukupalli Mandal, Guntur District. 2. Ala Radha Krishna Yadav, S/o Venkata about 46 Years, R/o. Kanagala Village, Cherukupalli District- Naga malleswararao. Aged Mandal. Guntur 3. Ala hari vital, S/o Radha Krishna Yadav Kanagala Village, Cherukupalli Mandal, Guntur District- 4. Aradhyula Venkata Prasad S/o Chalapathirao R/o. Kanagala Village, Cherukupalli Mandal. Guntur District- 5. Keerthi Venkata Swamy @ Ngamalli, S/o Venkateswarlu. Aged about 45, R/o. Kanagala Village, Cherukupalli Mandal, Guntur District- 6. Aradhyula Subramanayam, s/o Sivaramaraju, Aged about 29 Years R/o. Kanagala Village, Cherukupalli Mandal, Guntur District- 7. Keerthi Sivaramaraju, S/o Venkateswarlu, Aged about 46 years. R/o. Kanagala Village, Cherukupalli Mandal, Guntur District- Aged about 19 Years R/o. Aged about 60 years. 8. Keerthi Venkata Suneel, s/o Sivaramaraju. Aged about 22 years, R/o. Kanagala Village, Cherukupalli Mandal. Guntur District- ...Petitioners No. 2 to 8/Accused No. 2 to 8 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati, Through the Station House Officer, Cherukupalli Police Station, Guntur District 2. Aradhyula Naga Jyothi, W/o Vasudevara Rao, Aged about 30 Occ; R/o Kanagala Village, Cherukupalli Mandal, Guntur District. years. ...Respondent/Complainant (Petitioner Nos.2 to 8/Accused Nos.2 to 8 are impleaded as per the Court Order dated 05.02.2025 in I.A No.1/2024 in CRLP No.3769/2022) Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings 146/2021 on the file of Court of I Additional Junior Civil Guntur District as against the Petitioner/Accused-1. I.A. NO: 1 OF 2099 praying that in the in C.C No. Judge, Repalle, Petition under Section 482 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 stay of all further proceedings including on the file of Court of I pending disposal the appearance of the petitioner in C.C No. 146/2021 Additional Junior Civil Judge, Repalle, Guntur District, quash petition. I.A. NO: 1 OF 2025 Between: Aradhyula Naga Jyothi, W/o Vasudevara Rao, Aged about 30 Occ: R/o Kanagala Village, Cherukupalli Mandal, Guntur District. years, ...Defacto Complainant/2"'' Respondent/Petitioner AND 1. Ala Chandrasekhar, S/o Gangaraju, Aged about 34 Kanagala Village, Cherukupalli Mandal, Guntur District. 2. Ala Radha Krishna Yadav, S/o Venkata Naga malleswararao. Aged about 46 Years, R/o. Kanagala Village, Cherukupalli Mandal. Guntur District- 3. Ala hari vital, S/o Radha Krishna Yadav Aged about 19 Years Kanagala Village, Cherukupalli Mandal, Guntur District- 4. Aradhyula Venkata Prasad S/o Chalapathirao, Aged about 60 R/o. Kanagala Village, Cherukupalli Mandal. Guntur District- 5. Keerthi Venkata Swamy @ Nagamalli, S/o Venkateswarlu, Aged about 45, R/o. Kanagala Village, Cherukupalli Mandal, Guntur District- 6. Aradhyula Subramanayam, s/o Sivaramaraju, Aged about 29 Years R/o. Kanagala Village, Cherukupalli Mandal, Guntur District- 7. Keerthi Sivaramaraju, S/o Venkateswarlu, Aged about 46 Kanagala Village, Cherukupalli Mandal, Guntur District- 8. Keerthi Venkata Suneel, S/o Sivaramaraju. Aged about 22 Kanagala Village, Cherukupalli Mandal. Guntur District years, R/o R/o. years. years. R/o. years, R/o. ... Petitioners/Respondents 9. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati, Through the Station House Officer, Cherukupalli Police Station, Guntur District ...Respondent/Respondent 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 statement and quash the offences U/s 354(a), 323, and 506 r/w I.P.C in CRLP.No: 3769/2022 on the file of The Hon’ble High Court of Andhra Pradesh, Amaravati by compounding CC No. 146 OF 2021 for offences U/354(a), 323, 506 r/w 34 on the file of 1 Additional Junior Civil Judge, Repalle. Joint compromise memo enclosed vide separate sheet I.A. NO: 2 OF 2Q2fi Between: Aradhyula Naga Jyothi, W/o Vasudevara Rao, Aged about 30 Occ; R/o Kanagala Village, Cherukupalli Mandal, Guntur District. years. ...Defacto Complainant/2"^ Respondent/Petitioner AND 1. Ala Chandrasekhar, S/o Gangaraju, Aged about Kanagala Village, Cherukupalli Mandal, Guntur District. 2. Ala Radha Krishna Yadav, S/o Venkata Naga malleswararao, about 46 Years, R/o. Kanagala Village, Cherukupalli Mandal. District- 3. Ala hah vital, S/o Radha Krishna Yadav Aged about Kanagala Village, Cherukupalli Mandal, Guntur District- 34 years, R/o Aged Guntur 19 Years R/o. 4. Aradhyula Venkata Prasad S/o Chalapathirao, Aged about 60 years. R/o. Kanagala Village, Cherukupalli Mandal. Guntur District- 5. Keerthi Venkata Swamy @ Ngamalli, S/o Venkateswarlu, Aged about 45, R/o. Kanagala Village, Cherukupalli Mandal, Guntur District- 6. Aradhyula Subramanayam, s/o Sivaramaraju, Aged about 29 Years R/o. Kanagala Village, Cherukupalli Mandal, Guntur District- 7. Keerthi Sivaramaraju, S/o Venkateswarlu, Aged about 46 years. R/o. Kanagala Village, Cherukupalli Mandal, Guntur District- 8. Keerthi Venkata Suneel, S/o Sivaramaraju. Aged about 22 years, R/o. Kanagala Village, Cherukupalli Mandal. Guntur District ...Petitioners/Respondents 9. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravati, Through the Station House Officer, Cherukupalli Police Station, Guntur District ...Respondent/Respondent Petition under Section 320 (6) 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 permit the petitioner to case in CRLP.No.3769 of 2022 compromise the on the file of The Hon’ble High Court of Andhra Pradesh, Amaravati. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and Challa Ajay Kumar, Advocate for the Petitioner and behalf of the Respondent No,1 and of Smt^ Marella Radha Advocate for the Respondent No.2 upon hearing the arguments of Sri the Public Prosecutor on The Court made the following: APHC010234072022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nn*; 1 & 2 of 2025 [3396] IN/AND CRIMINAL petition NO: 3769/2022 Between: 1. ALA CHANDRASEKHAR, S/O.GANGARAJU, AGED ABOUT 34 YEARS, R/o.KANAGALA VILLAGE, CHERUKUPALLI MANDAL, GUNTUR DISTRICT. ALA RADHA KRISHNA YADAV, S/O.VENKATA NAGA MALLESWARA RAO, AGED 46 YEARS, R/o.KANAGALA VILLAGE, CHERUKUPALLI MANDAL, GUNTUR DISTRICT. ALA HARI VITAL, S/O.RADHA KRISHNA YADAV, AGED 19 YEARS, R/o.KANAGALA VILLAGE, CHERUKUPALLI MANDAL, GUNTUR DISTRICT. ARADHYULA VENKATA PRASAD, S/O.CHALAPATHIRAO, AGED 60 YEARS, R/o.KANAGALA VILLAGE, CHERUKUPALLI MANDAL, GUNTUR DISTRICT. KEERTHI VENKATA SWAMY @ NAGAMALLI, S/O.VENKATESWARLU, AGED 45 YEARS, R/o.KANAGALA VILLAGE, CHERUKUPALLI MANDAL, GUNTUR DISTRICT. ARADHYULA SUBRAMANYAM, S/O.SIVARAMARAJU, AGED 29 YEARS, R/o.KANAGALA VILLAGE, CHERUKUPALLI MANDAL, GUNTUR DISTRICT. KEERTHI SIVARAMARAJU, S/O.VENKATESWARLU, AGED 46 YEARS, R/o.KANAGALA VILLAGE, CHERUKUPALLI MANDAL, GUNTUR DISTRICT. KEERTHI VENKATA SUNEEL, S/O.SIVARAMARAJU, AGED 22 YEARS, R/o.KANAGALA VILLAGE, CHERUKUPALLI MANDAL. GUNTUR DISTRICT. 2. 3. 4. 5. 6. 7. 8. AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI, THROUGH THE STATION HOUSE OFFICER, CHERUKUPALLI POLICE STATION, GUNTUR DISTRICT 2 NAGA JYOTHI, W/0 VASUDEVARA RAO, AGED 30 YEARS, OCC- R/0 KANAGALA VILLAGE, 2.ARADHYULA ABOUT CHERUKUPALLI MANDAL, GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused; 1.CHALLA AJAY KUMAR Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR (AP) 2.MARELLA RADHA The Court made the following: COMMON ORDER: The criminal petition under Section 482 of the Code of Criminal 1973 has been filed by the Petitioners / Accused No.1 to 8, Procedure, seeking quashment of the proceedings against them in C.C.No.146 of 2021 the file of the Court of I Additional Junior Civil Judge, Repalie, Guntur District for the offences under Sections 354-A, 323 and 506 read with 34 of on Indian Penal Code, 1860. I.A.Nos.1 and 2 of 2025 are filed by Respondent No.2/Complainant under Section 320 Cr.P.C seeking to compound the offences alleged against the Petitioners/Accused Nos.1 to 8 and compromise C.C.No.146 of 2021 on the file of the Court of I Additional Junior Civil Judge, Repalie, Guntur District. Petitioners / Accused and Respondent No.2 appeared before this Court and were identified by their respective learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. 4. Learned Additional Public Prosecutor is in attendance. 5. Respondent No.2 by way of an affidavit would submit that, since she and the Accused are distant relatives, at the intervention of well-wishers and 2. 3. 3 family elders of both sides, the matter was settled between the parties out of the Court and in view of the same, she intends to compound the offences alleged against the Petitioners and compromise the matter with them, in the present case and prays for quashment of the case. Considering the submissions, in the interests of justice, I.A.Nos.1 and 2 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case against the Petitioners/Accused Nos.1 to 8 in C.C.No.146 of 2021 on the file of the Court of I Additional Junior Civil Judge, Repalle, Guntur District for the offences under Sections Sections 354-A, 323 and 506 read with 34 IPC, is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 6. closed. Sd/- V DIWAKAR DEPUTY REGISTRAR \ //TRUE COPY// SEC OFFICER 1. The I Additional Civil Judge (Junior Division) Repalle, Guntur District, (by RPAD) 2. The Station House Officer, Cherukupalli Police Station, Guntur District. 3. One CC to Sri Challa Ajay Kumar, Advocate [OPUC] 4. One CC to Smt. Marella Radha, Advocate [OPUC] 5. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Three CD Copies To, SAM sree along with joint compromise memo to the addresses HIGH COURT DATED:05/02/2025 ORDER I.A Nos.1 & 2 of 2025 in/and CRLP.No.3769 of 2022 5 U FEB 2025 Co . Current Sacuon . ALLOWING THE I.A Nos.1 & 2 of 2025 AND ALLOWING THE CRLP IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I.A.NO. OF 2025 m CRL.P.No. 3769 OF 2022 BETWEEN: I 1. Ala Chandrasekh S/o. Gangaraju, Aged about 34 Years, R/o. Kanagala Village, Cherukupalli Mandal, Guntur District- 2. Ala Radha Krishna Yadav S/o Venkata Naga malleswararao, Aged about 46 Years, , R/o. Kanagala Village,Cherukupalli Mandal, Guntur District- 3. Ala hari vital, S/o Radha Krishna Yadav Aged about 19 Years R/o. Kanagala Village,Cherukupalli Mandal, Guntur District- 4. Aradhyula Venkata Prasad S/o Chalapathirao, Aged about 60 years R/o. Kanagala yiHage,Cherukupalli Mandal, Guntur District- 5. Keerthi venkata Swamy,@ Nagamalli, S/o Venkateswarlu, Aged about 45 K/o. Kanagala Village,Cherukupalli Mandal Guntur District- *■ 6. Aradhyula Subramanyam s/o Sivaramaraju, Aged about 29 Years R/o. Kanagala Village,Cherukupalli Mandal, Guntur District- 7. Keerthi SivaramarajG,, S/o Venkateswarlu, Aged about 46 years, R/o. Kanagala Village,Cherukupalli Mandal Guntur District- ar j t i s f i u 8, s/o Suml. Kanagala u'^’ Guntur Di^j^j.l^^^^^^^ge,Cherukupalh Mandal, .... Petitioners / Accused No. and !■ The State °y its Public i^igh Court t Through the Cherukupallj Guntur Distri 1 to 8 of A.p p ■ = Rep. Prosecutor, Amaravati Station House Officer, Police Station, ict- • •• Respondent 2..../^^^Pyula Nag /o Vasudevara Rao Aged about 30 Years,’ .Guntur Mandal, a Jyothi, Defacto Complainant/ 2nd respondent JQINTMEMO May ft please your lordship, The petitioner submits in the above - 1 to 8 and matter both Respondent elders and matter out of court and also perusal of this submits that the the Petitioners/Accused Ro.2/Complainant herein at the instance of well wshers has amicably settled the for which a affidavit has been filed to that effect a joint memo ^ms also filed for kind Petitioner/Accused HonlDle Court. The above said offences 354(A), 323, 506 r/w 34 !PC in which section 354 IPC is not a compoundable offence, hence the petitioner prayed this Hon ble Court to permit the petitioner to compromise the same. It is therefore prayed that this Hon'ble Court may be pleased to record the compromise statement and offences quash the U/s 354(A), 323, 506 r/w 34 IPC in CRLP.No: 3769/2022 on the file of The Hon’ble High Court of Andhra Pradesh, Amaravati by compounding CC No. 146 OF 2021 for offences U/354(a), 323, 506 r/w 34 on the file of I Additional Junior Civil Judge, Repalle in the interest of justice and such other order or orders pass may deem fit and proper in the circumstances of the case. Hence, this Joint Memo Amaravati DATE; .09.2024 Petitioners/ Accused 1 to 8 Accused No.1 ; Accused No.2. Accused No.3; Accused No.4: j Accused No.5; Accused No.6: Accused No.7: Accused No.8: Counsel for Petitioners/Accused 1 to 8: * Vnc n Counsel for 2™ Respondent Defacto Complainant/2 nd Respondent