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2025 DAILYLAW 18512 (AP)

TELLAM SRIKANTH v. THE STATE OF ANDHRA PRADESH

CRLP/5447/2025 · 2025-06-19

Harinath N

body2025

Judgment text

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APHC010255712025 IN THE HIGH COURT OF ANDHRA PRADE^ AT AMARAVATI FRIDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A Nos.2 & 3 of 2025 IN/AND CRIMINAL PETITION NO: 5447 OF 2025 Between: 1. Tellam Srikanth, S/o. Subba Rao, aged 30 years, R/o. Old Raja Nagaram Village, Buttaigudem Mandal, Now at B.D. Colony, Near RAK Fashion Shop, Kandrigudem of Eluru. 2. TellamAhwani Devi, W/o. Srikanth, aged 30 years, R/o. Old Raja Nagaram Village, Buttaigudem Mandal, Now at B.D. Colony, Near RAK Fashion Shop, Kandrigudem of Eluru ...Petitioners/Accused No.1 & 2 AND 1. The State of Andhra Pradesh, Through SHO, Eluru II Town, PS Rep. By its Public Prosecutor High Court of Andhra Pradesh at Amaravathi ...Respondent/Respondent 2. Kali Sobhanadri, W/o. Mariyadasu Aged 55 years, R/o. Vangayagudem Village of Eluru. ...Respondent/Defacto Complainant Petition under Section 528 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court hiay be pleased to QUASH the proceedings in FIR No. 324 of 20240h the file of the SHO, II Town, PS Eluru, Eluru District. IA NO: 1 OF 2025 under Section 528 of BNSS Act, praying that in the Petition circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of certified copy of the FIR No. 324 of 2024 On the file of the SHO, II Town, PS Eluru, Eluru District. lA NO: 2 OF 2025 Between: Kali Sobhanadri, W/o. Mariyadasu Aged 55 years, R/o. Vangayagudem Village of Eluru. ...Petitioner/Defacto Complainant AND 1. Tellam Srikanth, S/o. Subba Rao, aged 30 years, R/o. Old Raja Nagaram Village, Buttaigudem Mandal, Now at B.D. Colony, Near RAK Fashion Shop, Kandrigudem of Eluru. 2. TellamAhwani Devi, W/o. Srikanth, aged 30 years, R/o. Old Raja Nagaram Village, Buttaigudem Mandal, Now at B.D. Colony, Near RAK Fashion Shop, Kandrigudem of Eluru ...Respondents/Accused No.1 & 2 3. The State of Andhra Pradesh, Through SHO, Eluru II Town, PS Rep. By its Public Prosecutor High Court of Andhra Pradesh at Amaravathi ...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/2"'^ respondent herein to file the compromise petition seeking to quash the proceedings in FIR No. 324 OF 2024 on the file S.H.O, Eluru II Town PS, Eluru District. lA NO: 3 OF 2025 Between: Kali Sobhanadri, W/o. Mariyadasu Aged 55 years, R/o. Vangayagudem Village of Eluru. ...Petitioner/Defacto Complainant AND 1. Tellam Srikanth, S/o. Subba Rao, aged 30 years, R/o. Old Raja Nagaram Village, Buttaigudem Mandal, Now at B.D. Colony, Near RAK Fashion Shop, Kandrigudem of Eluru. 2. TellamAhwani Devi, W/o. Srikanth, aged 30 years, R/o. Old Raja Nagaram Village, Buttaigudem Mandal, Now at B.D. Colony, Near RAK Fashion Shop, Kandrigudem of Eluru ...Respondents/Accused No.1 & 2 3. The State of Andhra Pradesh, Through SHO, Eluru II Town, PS Rep. By its Public Prosecutor High Court of Andhra Pradesh at Amaravathi ...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 Compromise and Quash the FIR No. 324 of 2024 on the file of the SHQ, PS El.uru II Town, Eluru District. *Joint compromise memo enclosed vide separate sheet lA NO: 4 OF 2025 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 Stay all further proceedings in FIR No. 324 of 2024 On the file of the SHO, II Town, PS Eluru, Eluru District pending disposal of main Criminal Petition. Counsel for the Petitioners: SRI SRINIVASA RAO BUSI Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: SRI R SUBBARAYADU The Court made the following Common Order: APHC010255712025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY. THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5447/2n9.i> Between: Tellam Srikanth and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.SRINIVASA RAO BUSI Counsel for the Respondent/complainant(S): 1. RACHAGARLA SUBBARAYUDU 2. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT(S) 2 CRL.P. No.5447 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N I.A. Nos.2 and 3 OF 2025 IN/AND CRIMINAL PETITION No.5447 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/ Accused Nos.1 and 2, seeking quashment of the proceedings against them in Crime No.324 of 2024 on the file of II Town Police Station, Eluru, Eluru District, for the alleged offences under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 2. The case of the 2^^ respondent/de facto complainant is that Accused No.1, while employed at the Government General Hospital, Eluru, developed an intimate acquaintance with the daughter of the 2 nd respondent during her visits to the hospital where her father was undergoing treatment. A.1 misrepresented himself as an unmarried individual and expressed his intention to marry her. Upon later came to know that A.1 was already married, the deceased confronted him. to which he assured her that he would take care of her. Subsequently, A.1, in collusion with his wife. Accused No.2 subjected the daughter of the 2'^'^ respondent to continuous harassment. Unable to bear the harassment, the victim died by 3 CRLP. No.5447 OF 2025 committing suicide. The incident was brought to the notice of the 2"^^ respondent on the morning of 01.12.2024. 3. The 2'’'^ respondent/de facto complainant filed I.A.Nos.2 and 3 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 eiders on both sides, the petitioners and the de facto complainant have arrived at an understanding and the matter has been settled between them. ro 4. The petitioners herein/Accused Nos.1 and 2 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. 5. This Court has questioned the 2'"'' respondent herein/de facto complainant with regard to compromise, and she categorically stated that she has voluntarily entered into compromise with the petitioners herein/Accused Nos.1 and 2. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. 6. Though the alleged offence is under Section 306 of the Indian Penal Code, the reason for committing suicide appears to be a trivial domestic issue and the deceased passed away by hanging herself. ..1 . v-/r 7. Therefore, considering the dispute is private in nature and does not affect public interest and having regard to the fact that both the parties entered into a compromise, continuation of proceedings amounts to abuse of process of law, the same can be quashed under Section 482 of the Cr.P.C. (Section 528 of B.N.S.S.) while exercising inherent powers of this Court and order for acquittal of the accused. 8. Therefore, I.A.Nos.2 and 3 of 2025, which were filed seeking permission to compound the offence and to record compromise between the parties, are allowed. Consequently, the proceedings in Crime No.324 of 2024 of II Town Police Station Eluru, Eluru District, against the petitioners/Accused Nos.1 and 2 are hereby quashed. 9. Accordingly, the criminal petition is allowed. 10. Miscellaneous petitions, if any, pending in this criminal petition shall Stand closed. — Sd/- G HELA NAIDU assistant registrar //TRUE COPY// SECTION OFFICER To, Magistrate: Eluru, West Godavari Police Station, West Godavari II Additional Judicial First Class House Officer, Eluru II Town 1. The District. 2. The Station District. 3. One CC to Sri Srinivasa Rao 4 one CC to Sri. Rachagarla Subbarayudu Advocate tOPUC] 5. TWO CCS to the Public Prosecutor, High Court of Andhra Pradesh Amaravafi [OUT] Busi Advocate [OPUC] 6. Two CD Copies • Along with joint compromise ise memo to the addresses HIGH COURT DATED:20/06/2025 COMMON ORDER I.A Nos.2 & 3 of 2025 I 15 JUL 2025 S ^ A Current Section . In/And CRLP 5447/2025 I.A Nos.2 & 3 of 2025 ARE ALLOWED ALLOWING THE CRLP