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2025 DAILYLAW 17934 (AP)

KAANDRU VIJAYA PRATAP v. THE STATE OF ANDHRA PRADESH

CRLP/5202/2025 · 2025-05-07

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A.NOs.2 AND 3 OF 2025 IN/AND CRIMINAL PETITION NO: 5202 OF 2025 Between: Kaandru Vijaya Pratap, S/o.Late Gandhi, aged 35 years, Gurajada, Pamidimukkala Mandal, N.T.R.District. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra Pradesh, Velagapudi, Amaravathi, Guntur Station House Officer, Disha Police Station, Vijayawada City. ...Respondent/Complainant W/o.Ramesh Babu, aged 30 H.No.119, Kandrika, Payakapuram, Vijayawada City. District. Through 2. Bandlamudi Lalitha Kumari years. ... Respondent/Defacto Complainant Petition filed under Section 482 of Cr.PC read with Section BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash all the proceedings in connection with SC No.60 Additional District and Sessions Judge at Vijayawada, for the offences under Sections 417, 448, 376 (2)(n) of IPC, as against the petitioner herein. 528 of of 2024 on the file of V * / I.A. NOs: 2 OF 2025 Between: Bandlamudi Lalitha Kumari, W/o.Ramesh Babu, aged 30 H.No.119, Kandrika, Payakapuram, Vijayawada City. ...Petitioner/2"'^ Respondent/Defacto Complainant AND 1. Kaandru Vijaya Pratap, S/o.Late Gandhi Pamidimukkala Mandal, N.T.R.District. years aged 35 years, Gurajada ...Petitioner/Accused 2. The State of Andhra Pradesh, rep. by Public Prosecutor. High Court of Guntur District. Through Station House Officer, Disha Police Station, Vijayawada City. ...Respondent No.1/Complainant 482 of Cr.PC praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to permit to compromise the case in SC No.60 of 2024 on the file of V Additional District Vijayawada, for the offences under Sections 417, LA. NO: 3 OF 2Q2fi Andhra Pradesh, Velagapudi, Amaravathi Petition filed under Section 320 (2) read with Section and Sessions Judge at 448, 376 (2)(n) ofIPC. Between: Bandlamudi Lalitha Kumari W/o.Ramesh Babu, aged 30 H.No.119, Kandrika, Payakapuram, Vijayawada City. years ...Petitioner/2"'' Respondent/Defacto Complainant AND 1. Kaandru Vijaya Pratap, S/o.Late Gandhi, aged 35 years, Gurajada Pamidimukkala Mandal, N.T.R.District. ... Petitioner/Accused 2. The State of Andhra Pradesh, rep. by Public Prosecutor, High Court of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. Through Station House Officer, Disha Police Station, Vijayawada City. ...Respondent No.1/Complainant Petition filed under Section 320 (6) read with Section 482 of Cr.PC praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to compound the offence in SC No.60 of 2024 on the file of V Additional District and Sessions Judge at Vijayawada, for the offences under Sections 417, 448, 376 (2)(n) of IPC. Joint Compromise Memo enclosed (vide separate sheet) I.A. NO: 4 OF 2025 Between: Kaandru Vijaya Pratap, S/o.Late Gandhi, aged 35 years, Gurajada, Pamidimukkala Mandal, N.T.R.District. ...Petitioner/Accused AND 1. The State of Andhra Pradesh rep. by Public Prosecutor, High Court of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. Through Station House Officer, Disha Police Station, Vijayawada City. ...Respondent/Complainant 2. Bandlamudi Lalitha Kumari, W/o.Ramesh Babu, aged 30 H.No.119, Kandrika, Payakapuram, Vijayawada City. years, ... Respondent/Defacto Complainant Petition filed under Section 482 of Cr.PC read with Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to stay all the proceedings in connection with SC No.60 of 2024 on the file of V Additional District and Sessions Judge at Vijayawada, for the offences under Sections 417, 448, 376 (2)(n) of IPC against the petitioner/accused. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Manubrolu Srinivasa Rao, Advocate for Petitioner and the Assistant Public Prosecutor on behalf of Respondent No.1 and of Sri Kashapogu Suresh, Advocate for Respondent No.2. The Court made the following: APHC010247362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0,y!B m [3457] u: THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5202/2025 Between: Kaandru Vijaya Pratap ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.MANUBROLU SRINIVASA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR ? I.A.Nos.2 and 3 of 2025 IN/AND CRIMINAL PETITION NO.5202 of 2025 COMMON ORDER: The instant petition under Section 482 of Cr.P.C has been filed by the petitioners/Accused No, seeking quashment of the proceedings against them in S.C.No.60 of 2024, on the file of V Additional District and Sessions Judge at Vijayawada for the offence under Sections 417 448, 376(2)(n) of the IPC, 2. I.A.No.2 of 2025 has been filed by the learned counsel for the petitioner, seeking to record a compromise between the parties and to quash the proceedings in S.C.No.60 of 2024, on the file of V Additional District and Sessions Judge at Vijayawada. 3. I.A.No.3 of 2025 has been filed by the learned counsel for the petitioner, seeking to compound the offences between the parties and a joint memo was filed. 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 was taken up, both parties appeared 5. before this Court. They produced their respective Aadhar cards as proof of their identity. The learned counsel for the petitioners and the learned counsel for the respondents identified the parties in open Court. Since the parties have entered into a settlement and 6. compromise, the Criminal Petition is allowed. Accordingly, the proceedings in S.C.No.60 of 2024, on the file of V Additional District and Sessions Judge at Vijayawada, are hereby quashed. Accordingly, I.A.Nos.2 and 3 of 2025 and Criminal Petition 7. No.5202 of 2025 are allowed. As a sequel thereto, interlocutory applications pending, if any shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The V Additional District and Sessions Judge, Vijayawada, Krishna District. 2. The Station House Officer, Disha Police Station, Vijayawada City, Krishna District. 3. One CC to Sri Manubrolu Srinivasa Rao, Advocate [OPUC] 4. One CC to Sri Kashapogu Suresh, Advocate [OPUC] 5. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Three CD Copies BSV sree *Joint Compromise Memo enclosed (vide separate sheet) HIGH COURT DATED:08/05/2025 COMMON ORDER I.A.Nos.2 & 3 of 2025 In/And CRLP.No.5202 of 2025 I 0 9 JUL'2025 ■ s yO ALLOWING THE I.A.Nos.2 and 3 of 2025 AND ALLOWING THE CRIMINAL PETITION IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI of 2025 I.A.No, In of 2025 Crl.P.No. Between; 1. Kaandm. Vijaya Pratap, S/o (Late) Gandhi, Age 35 years, Gurajada, Pamidimukkala (M), N.T.R District. ... Petitioners/Accused And 1.The State of Andhra Pradesh rep by Public Court of Andhra Pradesh -vfcligh Prosecutor ,Velagapudi,Amaravathi,Guntur,District,Through S.H.O.,Disha ‘Police Station, Vijayawada City . ...Respondent-1/Complainant 2. Bandlamudi Lalitha Kumari W/o Ramesh Babu, Age 30 years, H.No.119, Kandrika, Payakapuram, Vijayawada City. .. Respondent-2/Defacto - Complainant JOINT MEMO 1. It is submitted that basing on the report of the 2nd respondent a ease in S.C.No.60/2024 on the file of V Additional District and Sessions Judge at Vijayawada, for the offences was registered for the offence punishable under Sections 417,448,376(2){n) IPC against the petitioner. Now the quash petition praying to quash the S.C.No.60/2024 on the file of V Additional District and Judge at Vijayawada. petitioner has filed the present proceedings in the above Sessions 2. It is submit that after registration of the above case, at the the dispute involved in the 2nd prosecute the petitioner herein in praying to permit the case by recording the compromise intervention of the elders and well-wishers, the above cdse was settled out of court. As such, respondent is not interested to the above crime. Hence, petitions are filed parties to compromise the arrived at by them. It is therefore prayed that this Hon’ble Court the compromise and quash the all file of V Additional District and may be pleased to record proceedings in S.C.No.60/2024 on the Sessions Judge at Vijayawada, for the IPC and to pass such other may deem fit and proper in the offences under Sections 417,448,376{2)(n) order or orders as this Hon’ble Court circumstances of the case. M . r Petitione'r Coui(s^f^Petitioner 0^. Counsel for Respondent No. 2 Respondent No. 2 Amaravathi Date: 03-05-2025