Mamidi Naga Malleswara Reddy v. The State of Andhra Pradesh,
CRLP/5436/2025 · 2025-08-04
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18576 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18576 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010257342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA lANOsXANDSOF 2025 IN/AND CRIMINAL PETITION NO: 5436 OF 2025 Between:
1. Mamidi Naga Malleswara Reddy, S/o.Obula Konda Reddy, aged about 41 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa District. Presently residing at Unit 1, 69 Penelope Lucas Lane, Rose Hill, New South Wales, Sydney, Australia - 2142. 2. Mamidi Chaitanya Vani, W/o.Mamidi Naga Malleswara Reddy, aged about 38 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR I Kadapa District. Presently residing at Unit 1, 69 Penelope Lucas Lane, Rose Hill, New South Wales, Sydney, Australia - 2142. ...Petitioners/Accused No.1 & 2 AND
1. The State of Andhra Pradesh, Rep. by the Station House Officer, Vontimitta Police Station, YSR Kadapa District., Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent
2. Mamidi Obula Konda Reddy, S/o.Late Pedda Obul Reddy, aged about 77 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa District. Presently residing at Madhavaram Village, Vontimitta Mandal, ySR Kadapa District. ...Respondent/Defacto Complainant Petition filed under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records in CC.No.142 of 2023 on the file of the Judicial Magistrate of First Class, Sidhout, YSR Kadapa District, arising out of FIR No.61 of 2023 on the file of the Vontimitta Police Station, YSR Kadapa District, and quash the same. lA NO: 1 OF 2025 Petition filed under Section 482 of Cr.P.C/Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to stay of all further proceedings including appearance, execution of the Bailable Warrants against the petitioners in CC.No.142 of 2023 on the file of the Judicial Magistrate of First Class, Sidhout, YSR Kadapa District., arising out of FIR No.61 of 2023 on the file of the Vontimitta Police Station, YSR Kadapa District., pending disposal of of 2025, before this Court. Crl.P.No.
lA NO: 2 OF 2025 Between: Mamidi Obula Konda Reddy, S/o.Late Pedda Obul Reddy, aged about ‘77 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa ' District. Presently residing at Madhavaram Village, Vontimitta Mandal, YSR Kadapa District. ...Petitioner/2"'* Respondent/Complainant
% AND
1.
Mamidi Naga Malleswara Reddy, S/o.Obula Konda Reddy, aged about 41 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa District. Presently residing at Unit 1, 69 Penelope Lucas Lane, Rose Hill, New South Wales, Sydney, Australia - 2142. 2. Mamidi Chaitanya Vani, W/o.Mamidi Naga Malleswara Reddy, aged about 38 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa District. Presently residing at Unit 1, 69 Penelope Lucas Lane, Rose Hill, New South Wales, Sydney, Australia - 2142. ...Respondents/Petitioners/Accused No.1 &2
3. The State of Andhra Pradesh, Rep. by the Station House Officer, Vontimitta Police Station, YSR Kadapa District., Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent No.1 Petition filed under Section 482 R/w. 320(2) of Cr.P.C/528 R/w. Section 359(2) BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to permit the petitioner/2 respondent/complainant to compromise the case with the 1 respondents/petitioners/Accused No.1 & 2 by quashing the CC.No.142 of 2023 on the file of the Judicial Magistrate of First Class, Sidhout, YSR Kadapa District., arising out of FIR No.61 of 2023 on the file of the Vontimitta Police Station, YSR Kadapa District. nd nd St & 2 lA NO: 3 OF 2025 Between: Mamidi Obula Konda Reddy, S/o.Late Pedda Obul Reddy, aged about 77 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa
District. Presently residing at Madhavaram Village, Vontimitta Mandal YSR Kadapa District. ...Petitioner/2"'^ Respondent/Complainant AND
1. Iviamidi Naga Malleswara Reddy, S/o.Obula Konda Reddy, aged about 41 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa District. Presently residing at Unit 1, 69 Penelope Lucas Lane, Rose Hill, New South Wales, Sydney, Australia - 2142. 2. Mamidi Chaitanya Vani, W/o.Mamidi Naga Malleswara Reddy, aged about 38 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa District. Presently residing at Unit 1, 69 Penelope Lucas Lane, Rose Hill, New South Wales, Sydney, Australia - 2142. ...Respondents/Petitioners/Accused No.1 &2
3. The State of Andhra Pradesh, Rep. by the Station House Officer, Vontimitta Police Station, YSR Kadapa District., Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi.
...Respondent/Respondent No.1 Petition filed under Section 482 R/w. 320 (2)/528 R/w. Section 359(2) of Cr.P.C BNSS, 2023 praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to record compromise in CC.No.142 of 2023 on the file of the Judicial Magistrate of First Class, Sidhout, YSR Kadapa District., arising out of FIR No.61 of 2023 on the file of the Vontimitta Police Station, YSR Kadapa District., by quashing the same. *Joint Compromise Memo enclosed (vide separate sheet)
.“T-" Counsel for the Petitioners: Sri S.Dilip Jaya Ram Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent No.2:Sri K.Naga Phanindra The Court made the following: I
APHC010257342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE honourable dr justice VENKATA JYOTHIRMAI PRATAPA ■I [3396] T; I.A.Nos.2 & 3 of 2025 In/and N No. 5436/2025 CRIMINAL P Between:
l.MAMIDI NAGA MALLESWARA REDDY, S/O.OBULA KONDA REDDY, I AGED ABOUT 41 YEARS, R/O.GANGAPERURU VILLAGE, VONTIMITTA MANDAL, YSR KADAPA DISTRICT., PRESENTLY RESIDING AT UNIT 1, 69 PENELOPE LUCAS LANE, ROSE HILL, NEW SOUTH WALES, SYDNEY, AUSTRALIA - 2142. 2.MAMIDI CHAITANYA VANI, W/O.MAMIDI NAGA MALLESWARA REDDY, AGED ABOUT 38 YEARS, R/O.GANGAPERURU VILLAGE, VONTIMIITA MANDAL, YSR KADAPA DISTRICT., PRESENTLY RESIDING AT UNIT 1, 69 PENELOPE LUCAS LANE, ROSE HILL, NEW SOUTH WALES, SYDNEY, AUSTRALIA - 2142. ■ ■ ■ PETITIONER/ACCUSED(S) AND l.THE STATE OF ANDHRA PRADESH, REP. BY THE STATION HOUSE OFFICER, VONTIMITTA POLICE STATION, YSR KADAPA DISTRICT., REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2.MAMIDI OBULA KONDA REDDY, S/O.LATE PEDDA OBUL REDDY, AGED ABOUT 77 YEARS, R/0. GANGAPERURU VILLAGE, VONTIMITTA MANDAL, YSR KADAPA DISTRICT. PRESENTLY RESIDING AT MADHAVARAM VILLAGE, VONTIMITTA MANDAL, YSR KADAPA DISTRICT.
...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records in CC.No.142 of 2023 on the file of the Judicial Magistrate of First Class, Sidhout, YSR Kadapa District., arising out of FIR No.61 of 2023 on the file
2 of the Vontimitta Police Station, YSR Kadapa District., and quash the same. Counsel for the Petitioner/accused(S):
l.S DILIP JAVA RAM Counsel for the Respondent/complamant(S):
1. PUBLIC PROSECUTOR COMMON ORDER: The instant Criminal Petition is filed by the Petitioners under Section 482 of the Code of Criminal Procedure, 1973 (For short 'Cr.P.C.') for the following relief:
" ... to call for records in CC.No.l42 of 2023 on the file of the Judicial Magistrate of First Class, Sidhout, YSR Kadapa District, arising out of FIR No.61 of 2023 on the file of the Vontimitta Police Station, YSR Kadapa District, and quash the same ..."
2. IA.No.2 of 2025 is filed under Section 359(6) of BNS read with Section 482 of Cr.P.C. by the Petitioner/t/e facto Complainant seeking permission to compromise the matter with the respondents/Petitioners 1 and 2 by quashing CC No. 142 2023 on the file of the Court of Judicial Magistrate of First Class, Sidhout, YSR Kadapa District. 3. lA No.3 of 2025 is filed under Section 320(2) Cr.P.C. read with 528 BNSS, 2023 requesting to record compromise the matter in CC No. 142 2023 on the file of the Court of Judicial Magistrate of First Class, Sidhout, YSR Kadapa District. Petitioner No.l/ A.l & Respondent IDefacto Complainant in this
4. Criminal Petition appeared through online were identified by their respective
3 learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. 5. Learned Assistant Public Prosecutor is in attendance. 6. Respondent No.2/ De facto Complainant is the father of Petitioner No. 1/A. 1.
Petitioner No.l is working as Software Engineer and went to Australia, working there for some time and later came back to India and again went to Australia on
13.04.2023. Petitioner N0.2/A.2 is the daughter-in-law to respondent No.2. Respondent No.2 is now residing at Madhavaram. He had four daughters and one son and all are married. Due to family disputes and property disputes, Respondent No.2 filed a case in Crime No.61 of 2023 on the file of Vontimitta Police Station, YSR District under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2017. Police after due investigation, filed charge sheet vide CQ No.l42 of 2023. Seeking quashment of the same, the Present Criminal Petition has been filed by Petitioners 1 and 2/A.l and A.2. 7. At this juncture, the parties filed compromise petitions as stated supra stating that the matter is compromised between them and also filed a Joint Memo, which reveals that at the intervention of elders, the parties decided to settle the issue amicably and respondent No.2 agreed to withdraw the case against Petitioners 1 and 2 in CC No.142 of 2023. 8. Respondent No.2 submitted that he has no issues with the Petitioners and they are taking care of him and he has no objection to record compromise in this matter. f
4 i 9, Considering the submissions, in the Interests of justice, I.A.Nos.2 and 3 of 2025 are allowed. Consequently, this Criminal Petition is allowed and the Proceedings against the Petitioners/A. 1 and A.2 in CC l\lo.M2 2023 on the file of the Court of Judicial Magistrate of First Class, hereby quashed. Sidhout, YSR Kadapa District, are As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Judicial Magistrate of First Class, Sidhout, YSR Kadapa District. The Station House Officer, Vontimitta Police Station, YSR Kadapa District.
One CC to Sri S. Dilip Jaya Ram, Advocate [OPUC] One CC to Sri K.Naga Phanindra, Advocate [OPUC] Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] Two CD Copies
1. 2. 3. 4. 5. 6. vna *Joint Compromise Memo enclosed (vide separate sheet)
HIGH COURT DATED:05/08/2025 COMMON ORDER X 1 3 AUG 2025 ^ Curreni Section ^ I.A.Nos.2 & 3 of 2025 In/And CRLP NO. 5436 OF 2025 mV to, I.A.Nos.2 and 3 of 2025 are ALLOWED ALLOWING THE CRIMINAL PETITION
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI LA. NO OF 2025 IN n CRLP.no. 5436 OF 2025. Between: Mamidi Obula Konda Reddy, S/o. Late Pedda Obul Reddy, Aged about 77 Years, R/o. Gangaperuru Village, Vontimitta Mandal, YSR Kadapa District. Presently residing Vontimitta Manddl,JSR Kadapa District. at Madhavaram Village, ...Petitioner/2'^'^ Respondent/Complainant AND
1. Mamidi Naga Malleswara Reddy, S/o. Obula Konda Reddy, Aged about 41 Years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa District., Presently Residing at Unit 1, 69 Penelope Lucas Lane, Rose Hill, New South Wales, Sydney Australia - 2142. ' Mamidi Chaitanya Vani, W/o. Mamidi Naga Malleswara Reddy, Aged about 38 years, R/o.Gangaperuru Village, Vontimitta Mandal, YSR Kadapa District., Presently Residing at Unit 1, 69 Penelope Lucas Lane, Rose Hill, New South Wales, Sydney Australia - 2142. f ■ ;
2. ... Respondents/Petitioners/Accused No.l &2
3. The State of Andhra Pradesh, Rep. by the Station House Officer, Vontimitta Police Station, YSR Kadapa District., Rep. by the Public Prosecutor High Court of Andhra Pradesh at Amarayathi. ... Respondent/Respondent No.l JOINT MEMO
1. It is submitted that the 1=^ Respondents/Petitioners/Accused No.l & 2 along Another Is being prosecuted in FIR No.61 of 2023 on the file of the Vontimitta Police 2nd &
Kadapa District., fiied by the Petitioner/2"'' for the alleged offences under seeking YSR Station, Respoijident/Complainant reliefs under Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 2nd & that the submitted is
2.
It Respondents/Petitioners/Accused No.l & 2 are wife and husband father of the and the Petitionery.2^^ Respondent/Complainant is Respondent/Petitioner/Accused No.l and father-in-law of the 2'^^ Respondent/Petitioner/Accused No.2 It is submitted that the Petitioner/2"^ Respondent/Complainant herein filed the complaint under the Act, 2007 stating that he was neglected by the & 2""* Respondents/Petitioners/Accused No.l & 2 and are not looking after him and sought for doing justice. Accordingly, the Respondent filed Charge Sheet showing the 1=^ &. 2'^'^ Respondents/Petitioners/Accused No.l & 2 as absconding and the same was taken on file vide CC.No.142 of 2023 on the file of the Judicial Magistrate of First Class, Sidhout, YSR Kadapa District., and issued summons against Accused No.3 and Bailable Warrants were issued. 3. 4. It is submitted that while things stood thus, at the intervention of elders and well-wishers of nd the Petitioner/2 2nd & 1st and Respondent/Complainant Respondents/Petitioners/Accused No.l & 2 decided to settle the issues amicably. In view of the same the Respondent/Complainant agreed to withdraw the aforesaid report nd Petitioner/2 lodgdd against the 1=^ & 2^^ Respondents/Petitioners/Accused No.l & 2 pending as CC.No.l42 of 2023 on the file of the Judicial
Magistrate of First Class, Sidhout, of FIR No.61 of 2023 Kadapa District. YSR Kadapa District., arising out on the file of the Vontimitta Police Station, YSR
5. It is further submitted that i supra the Petitioher/2 that continuation of hardship, it view of the facts mentioned Respondent/Complainant humbly submits Criminal Proceedings would in nd cause great the Petitioner/2"'^ affidavit stating that he has is also submitted that Respondent/ComplaiKant filed his objection to quash the between them. The Petitloner/2 1st 2nd no same by recording the compromise effected nd Respondent/Compiainant and the Respondents/Petitioners/Accused No. 1 & 2 filed petitions to compound the offences by quash the pending them. Unless, this Hon'ble Court I proceedings against interfere and permit them to compound the offences, they would be put to great hardship. 6.
In the above circumstances, both the this Hon'ble Court to quash the on the file of the Judicial Magistrate parties have approached proceedings in CC.No.l42 of 2023 of First Class, Sidhout, YSR Kadapa District., arising out of FIR No.61 of 2023 on the file of the Vontimitta Poiice Station, YSR Kadapa District, joint memo. Hence, the present M'A/' /Vltx'i M'C\vaXtcLr\ '^ol 1st 2nd Respondents/Petitipners/ Accused No.l & 2 ^ Petitioner/2^d Respondent/ Complainant Counsel for the Petiti Respondent /Complainant Counsel for the l^tg^^d^ espondents/Petitloners/Accused No.l & 2