.0 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 1 and 2 of 2025 IN/AND CRIMINAL PETITION No: 5260 OF 2025 Between: 1. Ganapaneni Yashwanth, S/o Suresh, Aged about 30 years, Occ:Advocate, R/o H. No. 2-95/1, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 2. Ganapaneni Subbarao, S/o Seetha Ramaiah, Aged about 76 years, Occ.Agriculturist R/o, H. No. 2-70, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 3. Ganapaneni Suresh Kumar, S/o Subbarao, Aged about 55 years Occ.Agriculturist R/o.H. No. 2-95/1, Sivalayam Street, Paritala Village Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 4. Ganapaneni Narendra Kumar @ Chinni, S/o Subbarao, Aged about 52 years, Occ. Agriculturist R/o. Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 5. Ganapaneni Sunil Kumar, S/o Subbarao, Aged about 50 years, Occ. Agriculturist, R/o.H. No. 2-95/1, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 6. Ganapaneni Ajesh, S/o Venkateswara Rao, Aged about 30 years, Occ. Agriculturist, R/o. Sivalayam Street, Paritala Village Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 7. Dronadula Vamsi Krishna, S/o Lima Maheswara Rao, Aged about 33 years, Occ. Business R/o, 3-9-1, Sivalayam Street, Paritala Kanchikacherla Mandal, N.T.R District. 8. Koteswara Rao Guntupalli, (Died) 9. Koganti Venkatesh, S/o Apparao, Aged about 34 years, Occ. Contractor, R/o H.No.6-2-2, Nakkalampeta, Paritala Village, Kanchikacherla Mandal, N.T.R District. Atiuri Sai, S/o Siva Ramakrishna, Aged about 33 years, Occ. Business R/o, Nakkalampeta, Paritala Village, Kanchikacherla District. Village, 10. Mandal, N.T.R ...Petitioners /Accused NoS.1 to 10 AND 1. The State Of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Judicature at Amaravathi for the State of A.P. 2. Martha Srinivasarao, S/o Venkateswararao, Aged about 45 R/o, 2-88, Paritala Village, Krishna District years, Occ. ...Respondents/ Defacto Complainant 3. Martha Sankar, S/o Venkateswara Rao, Aged about 38 years, Occ. Agriculturist, R/o, H. No. 2-88 Sivalayam Street, Paritala Village, Andhra Pradesh - 521180. 4. Martha Narasimha Rao, S/o Butchaiah, Aged about 42 years, Occ. Agriculturist, R/o Yadav Bazar, Paritala Village, Kanchikacherla Mandal. Andhra Pradesh - 521180. ...VICTIMS Petition under Section 528 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 call for the records in relating to FIR No. 147 of 2017 dated 19.09.2017 on the file of the Kanchikacherla Police Station and quash the same along with the charge sheet (unnumbered) on the file of the Additional Judicial Magistrate of First Class, Nandigama, Krishna District. I.A. NO: 1 OF 2025 1. Martha Srinivasarao, S/o Venkateswararao, Aged about 45 years, Occ. R/o, 2-88, Paritala Village, Krishna District ...PETITIONER / DEFACTO COMPLAINANT 2. Martha Sankar, S/o Venkateswara Rao, Aged about 38 years, Occ. Agriculturist, R/o, H. No. 2-88 Sivalayam Street, Paritala Village, Andhra Pradesh-521180. 3. Martha Narasimha Rao, S/o Butchaiah, Aged about 42 years, Occ. Agriculturist, R/o Yadav Bazar, Paritala Village, Kanchikacherla Mandal. Andhra Pradesh - 521180. ...VICTIMS AND 1. Ganapaneni Yashwanth, S/o Suresh, Aged about 30 years, Occ:Advocate, R/o H. No. 2-95/1, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 2. Ganapaneni Subbarao, S/o Seetha Ramaiah, Aged about 76 years, Occ.Agriculturist R/o, H. No. 2-70, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 3. Ganapaneni Suresh Kumar, S/o Subbarao, Aged about Occ.Agriculturist R/o.H. No. 2-95/1, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 4. Ganapaneni Narendra Kumar @ Chinni, S/o Subbarao, Aged about 52 years, Occ. Agriculturist R/o. Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 55 years. 5. Ganapaneni Sunil Kumar, S/o Subbarao, Aged about 50 years, Occ. Agriculturist, R/o.H. No. 2-95/1, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 6. Ganapaneni Ajesh, S/o Venkateswara Rao, Aged about 30 years, Occ. Agriculturist, R/o. Sivalayam Street, Paritala Village Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 7. Dronadula Vamsi Krishna, S/o Uma Maheswara Rao, Aged about years, Occ. Business R/o, 3-9-1, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. 8. Koteswara Rao Guntupalli, (Died) 9. Koganti Venkatesh, S/o Apparao, Aged about 34 years, Occ. Contractor, R/o H.No.6-2-2, Nakkalampeta, Paritala Village, Kanchikacherla Mandal, N.T.R District. Atiuri Sai, S/o Siva Ramakrishna, Aged about 33 years, Occ. Business R/o, Nakkalampeta, Paritala Village, Kanchikacherla Mandal District. 33 10. N.T.R ...PETITIONERS / ACCUSED No.1 to 10 11. The State Of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Judicature at Amaravathi for the State of A.P. ...RESPONDENT / RESPONDENT Petition under Section 528 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioners /Accused No. 1 to 10 and Defacto complainant along with victims to compromise the case in FIR No. 147 of 2017, dated 19.09.2017 on the file of the Kanchikacharla Police Station, registered for the offences punishable under section 148,447, 307 r/w 149 I PC I.A. NO: 2 OF 2025 1. Martha Srinivasarao, S/o Venkateswararao, Aged about 45 years, Occ. R/o, 2-88, Paritala Village, Krishna District ...PETITIONER / DEFACTO COMPLAINANT 2. Martha Sankar, S/o Venkateswara Rao, Aged about 38 years, Occ. Agriculturist, R/o, H. No. 2-88 Sivalayam Street, Paritala Village, Andhra Pradesh-521180. 3. Martha Narasimha Rao, S/o Butchaiah, Aged about 42 years, Occ. Agriculturist, R/o Yadav Bazar, Paritala Village, Kanchikacherla Mandal. Andhra Pradesh - 521180. ...VICTIMS AND 1. Ganapaneni Yashwanth, S/o Suresh, Aged about 30 years, Occ:Advocate, R/o H. No. 2-95/1, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 2. Ganapaneni Subbarao, S/o Seetha Ramaiah, Aged about 76 years, Occ.Agriculturist R/o, H. No. 2-70, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 3. Ganapaneni Suresh Kumar, S/o Subbarao, Aged about 55 Occ.Agriculturist R/o.H. No. 2-95/1, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 4. Ganapaneni Narendra Kumar @ Chinni, S/o Subbarao, Aged about 52 years, Occ. Agriculturist R/o. Sivalayam Street, Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 5. Ganapaneni Sunil Kumar, S/o Subbarao, Aged about 50 years, Occ. Agriculturist, R/o.H. No. 2-95/1 Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 6. Ganapaneni Ajesh, S/o Venkateswara Rao, Aged about 30 years, Occ. Agriculturist, R/o. Sivalayam Street, Paritala Village Kanchikacherla Mandal, N.T.R District. Andhra Pradesh. 7. Dronadula Vamsi Krishna, S/o Uma Maheswara Rao, Aged about 33 years, Occ. Business R/o, 3-9-1, Sivalayam Street, Paritala Village, Kanchikacherla Mandal, N.T.R District 8. Koteswara Rao Guntupalli, (Died) 9. Koganti Venkatesh, S/o Apparao, Aged about 34 years, Occ. Contractor, R/o H.No.6-2-2, Nakkalampeta, Paritala Village, Kanchikacherla Mandal, N.T.R District. Atiuri Sai, S/o Siva Ramakrishna, Aged about 33 years, Occ. Business R/o, Nakkalampeta, Paritala Village, Kanchikacherla Mandal District. years Paritala Village, Sivalayam Street, Paritala Village, 10. N.T.R ...PETITIONERS / ACCUSED No.1 to 10 11. The State Of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Judicature at Amaravathi for the State of A.P. ...RESPONDENT / RESPONDENT ( Petition under Section 320(2) r/w 528 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record compromise and consequently quash the proceedings as against the Petitioners/Accused No. 1 to 10 in FIR No. 147 of 2017, dated 19.09.2017 on the file of the Kanchikacharla Police Station, registered for the offences punishable under section 148,447, 307 r/w 149 IPC. I.A. NO: 3 OF 2025 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 grant stay of all further proceedings in FIR No. 147 of 2017 dated 19.09.2017 on the file of the Kanchikacherla Police Station pending disposal of the quash petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Lakshmikanth Reddy Desai, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1 and of Sri P M Mithileswara Reddy, Advocate for the Respondent No’s.2,3,4 The Court made the following: APHC010248552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5260/2025 [3457] Between: Ganapaneni Yashwanth and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accusedfS): 1.LAKSHMIKANTH REDDY DESAI Counsel for the Respondent/complainant{S): 1. PUBLIC PROSECUTOR 2.P M MITHILESHWARA REDDY The Court made the following: ...RESPONDENT/COMPLAINANT(S) 2 CRLP. NO.5260OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N LA. Nos.1 and 2 OF 2025 IN/AND CRIMINAL PETITION No.5260 of 2025 COMMON ORDER: 1. This criminal petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘B.N.S.S’) has been filed by the petitioners/ A.1 to 10, seeking quashment of the proceedings against them in Crime No.147 of 2017 on the file of Kanchikacherla Police Station, Krishna District, for the alleged offences under Sections 148, 447, 307 read with 149 of the Indian Penal Code, 1860. respondent/de facto complainant is that, on 11.09.2017, petitioners 1 and 2 (A.1 and A.2) allegedly engaged in verbal and physical misconduct towards her while she was in the process of taking her children to the home from school. The complainant reported the incident to her brother, who subsequently cautioned petitioners 1 and 2 against repeating such behavior and returned home. However, on the way, petitioners 1 to 3 (A.1 to A.3) respondent/de facto nd 2. The case of the 2 nd allegedly assaulted the brother of the 2 complainant, leading to the filing of case and counter-case by both parties. Further, on 18.09.2017, at 9.30 P.M., the petitioners purportedly trespassed into the premises of the 2^^ respondent’s 3 CRLP. NO.5260OF 2025 brother’s residence while armed with deadly that they attacked the complainant’s brother and Narasimha Rao, both of whom lost weapons. It is alleged one Martha consciousness. Presuming that the victims had succumbed to their injuries, the petitioners allegedly fled the scene. 3. The 2^" respondent/de facto complainant filed I.A.Nos.1 and 2 of 2025, duly enclosing a Joint Memo entered between the petitioners as well as de facto complainant. It is stated that at the intervention of elders on both sides, the petitioners and the de facto have arrived at an understanding and the matter has been complainant settled between them. 4. The learned counsel for the petitioners submits that pendency of the criminal proceedings, petitioner N0.8/A.8 passed away. In support thereof, he has filed the death certificate of A.8 before this Court. 5. The petitioners herein/Accused Nos. 1 to 7, 9 and 10 and the 2 respondent/ de facto complainant are present before this Court. They produced their respective Aadhar cards in proof of their identity. The learned counsel for the petitioners and the learned counsel for 2^^ respondent have identified the parties in the open Court. 6. This Court has questioned the 2 during the has nd nd respondent herein/de facto complainant with regard to compromise, and he categorically stated 4 CRLP. NO.5260OF 2025 to that extent that he has voluntarily entered into compromise with the petitioners herein/Accused Nos. 1 to 10. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. 7. In the present case, the criminal proceedings initiated against the petitioners under Sections 148, 447, and 307 read with Section 149 of the Indian Penal Code involve non-compoundable offences, which cannot be compounded even if the parties have arrived at a settlement. However, in Gian Singh v. State of Punjab^ the Hon’ble Supreme Court held that even when the offences are non- compoundable, when the parties have entered into a compromise, except in certain offences like murder, rape, dacoity and offences arising out of special statutes like Prevention of Corruption Act or offence committed by public servants in their official capacity, cannot be quashed on the ground that they have entered into a compromise, the other criminal cases can be allowed to be compromised despite the fact that they are non-compoundable under Section 320 of Cr.P.C. 8. Therefore, considering the dispute is private in nature and does not affect public interest and the dictum laid down by the Hon’ble Supreme Court in the aforesaid judgment, although the offences in this cases non-compoundable, having regard to the fact that both ^ (2012) 10 see 303 = AIR 2012 SO 838 5 CRLP. NO.5260OF 2025 the parties entered into a compromise, continuation of proceedings amounts to abuse of process of law, the same can be quashed under bection 482 of the Cr.P.C. (Section 528 of B.N.S.S.) while exercising inherent powers of this Court and order for acquittai of the accused. 9. Therefore, i.A.Nos.1 and 2 of 2025, which were fiied seeking permission to compound the offence and to record compromise between the parties, are allowed. Consequently, the proceedings in Crime No.147 of 2017 of Kanchikacharla Police Station Krishna District, against the petitioners 1 to 7, 9 and 10 herein/ Accused Nos. 1 to 7, 9 and 10 are hereby quashed and recording the death certificate of A.8, the proceedings in Crime No.147 of 2017, of Kanchikacherla Police Station, against petitioner N0.8/A.8 is abated. 10. Accordingly, the criminal petition is allowed. 11. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECntDN OFFICER To, 1. The Additional Judicial Magistrate of First Class, Nandigama,Krishna District 2. The Station House Officer, Kanchikacherla Police station, Krishna District 3. One CC to Sri Lakshmikanth Reddy Desai, Advocate [OPUC] 4. One CC to Sri P M Mithileswara Reddy, Advocate [OPUC] r/ 5. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 6. Three CD Copies MV sree *Along with Joint memo of compromise in lA No.2 of 2025 in CRLP No.5260 of 2025 HIGH COURT DATED: 07/05/2025 COMMON ORDER lA No’s.1 and 2 of 2025 in/and CRLP.No.5260 of 2025 ALLOWING THE lA No’s.1 and 2 of 2025 in/and CRLP.No.5260 of 2025 r ■,<>r SfS JOINT ME^ FILED THE PETITIONERS/ACCUSED DEFACTO COMPLAINANT/RESPONDRISTT NO.l to 10 AND N0.2 1- We submit that the Respondent No.2 had lodged No. 147 of 2017 dated; Station for the offences punishable under a complaint in FIR Police section 148,447, 307 r/w 149 19.09.2017 before the Kanchikacherla IPC. 2. We submit that while the disputes amicably by the intervention and harmony. matter stood thus, we have settled of elders and we are living in peace our Therefore, it iIS prayed before this HonTrle Court may be pleased to compromise and quash the proceedings record the Petitioners/Accused No. against the 147 of 2017, dated; PoUce Station, for the section 148,447, 307 r/w 149 IPC., 1 to 10 in FIR No. 19.09.2017 on the file of the Kanchikacherla offences punishable under in the interest ofjustice. Hence Joint Memo. f / Victim No. 1 Respondent No.2 /Defacto Complainant iSiils MMmMm ^0 V 0- - 'V ) Victim No. 2 Counsei-fbr Re^ondents d < o. rS- 0 2nd Petitioner/ Accused No. 2 iSjJ. zB Petitioner/Accused No.l i ^ IB / /■ / ._/l ‘ c i cj ^ '.i vT (q- /i'^lo(6 2 X) B '-V7 d'. 4td Petitioner/ Accused No. 4 / Srd Petitioner/Accused No.3 5th Petitioner/Accused No. 5 I 6th Petitioner/ Accused No. 6 /■ / \ ) c 7 t \ 7th Petitioner/Accused No.7 8th Petitioner/ Accused No. 8 A \h rA Qth Petitioner/ Accused No. 9 IQth Petitioner/Accused No. 10 AMARAVATHI Date: 09.04.2025 QjtH / Counse^^^ Petitioner