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2025 DAILYLAW 21372 (AP)

SHAIK JANI SAIDA alias SHAIK JOHNY SAIDA v. THE STATE OF ANDHRA PRADESH

CRLP/6211/2025 · 2025-06-26

Harinath N

body2025

Judgment text

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APHC010301262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI B FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A.NOs.2 AND 3 OF 202fi IN/AND CRIMINAL PETITION NO: 6211 OF 2025 Between: 1. Shaik Jani Saida @ Shaik Johny Saida, S/o.Abdul Salam 40 years, D.No.10-63-12, Muslim Bazar, Mandal, Palnadu District. 2. Shaik Karimulla, S/o.Abdul Munaf, Village and Mandal, Palnadu District. aged about Amaravati Village and aged about 47 years, Amaravati 3. Shaik Mahmmad Rafi, S/o.Mahammad Ali, aged about 45 years. Amaravati Village and Mandal, Palnadu District. 4. Shaik Mabu Subhani, S/o.Mastan Saheb aged about 56 years, D.No. 10-484-1, Amaravati Village and Mandal, Palnadu District. 5. Shaik John Saida, S/o.John Bude, aged about 37 years, D.No. 10-63- 12, Amaravati Village and Mandal, Palnadu District. 6. Shaik Azmatulla, S/o.Jaleel, aged about 35 years, Amaravati Village and Mandal, Palnadu District. 7. Shaik Saddam Hussain, S/o.Karimulla, Village and Mandal, Palnadu District. aged about 30 years, Amaravati 8. Shaik Babu, S/o.Ummer Ali, aged About 57 and Mandal, Palnadu District. years, Amaravati Village 9. Shaik Ibraheem Khalilulla, S/o.Mahammad Galib aged about 39 years, D.No.9-76, Amaravati Village and Mandal, Palnadu District. 10. Shaik Abbas, S/o.Jahangeer, aged about 24 years, D.No.9-93 Amaravati Village and Mandal, Palnadu District. 11.Shaik Hussain, S/o.Shabbir aged about 41 years, D.No.9-27/1, Amaravati Village and Mandal, Palnadu District. 12.Annam Siva Naga Malleswara Rao, S/o.Kotaiah, . D.No.7-76, Dharanikota Village, Amaravati Mandal 13. Shaik Karimulla Baji, S/o.Abdul Rahiman 1-6, Amaravati Village and Mandal, Palnadu District. aged about 54 years I, Palnadu District. aged about 42 years, D.No.1- ...Petitioners/Accused No.1, 3 to 14 AND 1. The State of Andhra Pradesh, through its Public Prosecutor, of Andhra Pradesh, Amaravati, Guntur District. 2. Konda Koteswara Rao, S/o.Suri Babu, Drain Cleaner, Patnam Malapalli, Amaravati Village and Mandal Palnadu District. High Court ...Respondent No.1 aged 36 years, Caste.Mala, Occ; ...Respondent No.2/Defacto Complainant Petition filed under Section 528 of BNSS (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 quash the 188 of 2024 on the file of IV Additional District & case in SC (SPL) No. Sessions Judge-cum- SC ST Court, Guntur, against the petitioners herein. LA. NOs: 2 AND 3 OF 2025 (Common CT) Between: Konda Koteswara Rao, S/o.Suri Babu, aged 36 years, Caste:Mala, Occ: Drain Cieaner, Patnam Malapalli, Amaravati Village Palnadu District. and Mandal, ...Petitioner/Respondent/Defacto Complainant AND 1. Shaik Jani Saida @ Shaik Johny Saida, S/o.Abdul Salam aged about 40 years, D.No.10-63-12, Muslim Bazar, Amaravati Village and Mandal, Palnadu District. 2. Shaik Karimulla, S/o.Abdul Munaf, aged about 47 Village and Mandal, Palnadu District. 3. Shaik Mahmmad Rafi, S/o.Mahammad Ali, Amaravati Village and Mandal, Palnadu District. 4. Shaik Mabu Subhani, S/o.Mastan Saheb, aged about 56 10-484-1, Amaravati Village and Mandal, Palnadu District. 5. Shaik John Saida, S/o.John Bude, aged about 37 years, D.No. 10-63- 12, Amaravati Village and Mandal, Palnadu District. 6. Shaik Azmatulla, S/o.Jaleel, aged about 35 and Mandal, Palnadu District. 7. Shaik Saddam Hussain, S/o.Karimulla, aged about 30 years, Amaravati Village and Mandal, Palnadu District. 8. Shaik Babu, S/o.Ummer Ali, aged About 57 years, Amaravati Village and Mandal, Palnadu District. 9. Shaik Ibraheem Khalilulla, S/o.Mahammad Galib D.No.9-76, Amaravati Village and Mandal, Palnadu District. 10. Shaik Abbas, S/o.Jahangeer, aged about Amaravati Village and Mandal, Palnadu District. years, Amaravati aged about 45 years. years, D.No. years, Amaravati Village aged about 39 years. 24 years, D.No.9-93, H.Shaik Hussain, S/o.Shabbir, aged about Amaravati Village and Mandal, Palnadu District. 12.Annam Siva Naga Malleswara Rao, S/o.Kotaiah 41 years, D.No.9-27/1, aged about 54 years. District. 13.Shaik Karimulla Baji, S/o.Abdul Rahiman, aged about 42 years, D.No.1- 1-6, Amaravati Village and Mandal, Palnadu District. D.No.7-76, Dharanikota Village, Amaravati Mandal, Palnadu ...Respondents/Petitioners/Accused No.1, 3 to 14 rep. by its Public Prosecutor, High Court 14. The State of Andhra Pradesh of Andhra Pradesh. ...Respondent/Respondent lA NO: 2 OF Petition fiied under Section 320 (6) read with Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased herein in above referred CrI.Petition to to permit the De-facto Complainant compromise/ compound the offences against the Respondents /Petitioners, who are A-1, A3 to A-14 in SC (SPL) No. 188 of 2024 on the file of IV Additional District & Sessions Judge-cum-SC ST Court, Guntur. lA NO: 3 OF Petition filed under Section 320 (8) of Cr.P.C praying that circumstances stated in the Memorandum of Criminal Petition may be pleased to compound the offences against the Respondents /Petitioners, who are A-1, A3 to A-14 in SC (SPL) No.188 of 2024 on the file of IV Additional District & Sessions Judge-cum-SC ST Court, Guntur. *Joint Compromise Memo enclosed (vide separate in the the High Court sheet) lA NO: 4 OF 2Q2fi Petition filed under Section 320 read with Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay all further proceedings including appearance of the petitioners herein in SC (SPL) No. 188 of 2024 on the file of IV Additional District & Sessions Judge-cum- SC ST Court, Guntur, pending disposal of the above Criminal Petition. Counsel for the Petitioners: Sri Souri Babu Duppati Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent No.2: Sri Bobba Hari Prasad Reddy The Court made the following: APHC010301262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6211/2025 Between: 1. SHAIK JANI SAIDA ALIAS SHAIK JOHNY SAIDA, S/0 ABDUL SALAM BAZAR, DISTRICT. AGED ABOUT 40 YEARS, D.NO. 10-63-12, MUSLIM AMARAVATI VILLAGE AND MANDAL, PALNADU 2. SHAIK KARIMULLA,, S/0 ABDUL MUNAF, YEARS, AMARAVATI VILLAGE AND MANDAL, DISTRICT. AGED ABOUT 47 PALNADU 3. SHAIK MAHMMAD RAFI,, S/0 MAHAMMAD ALI, AGED ABOUT 45 YEARS, AMARAVATI VILLAGE AND MANDAL PALNADU DISTRICT. 4. SHAIK MABU SUBHANI,, S/0 MASTAN SAHEB, AGED ABOUT 56 YEARS, D.NO. 10-484-1, AMARAVATI VILLAGE AND MANDAL, PALNADU DISTRICT. 5. SHAIK JOHN SAIDA,, S/0 JOHN BUDE, AGED ABOUT 37 YEARS, D.NO. 10-63-12, AMARAVATI VILLAGE AND MANDAL, PALNADU DISTRICT. 6. SHAIK AZMATULLA,, S/O JALEEL, AGED ABOUT 35 YEARS AMARAVATI VILLAGE AND MANDAL, PALNADU DISTRICT. 7. SHAIK SADDAM HUSSAIN,, S/O KARIMULLA, AGED ABOUT 30 YEARS, AMARAVATI VILLAGE AND MANDAL, DISTRICT. PALNADU 8. SHAIK BABU„ S/O UMTNER ALI, AGED ABOUT 57 YEARS, AMARAVATI VILLAGE AND MANDAL PALNADU DISTRICT. 9. SHAIK IBRAHEEM KHALILULLA,, S/0 MAHAMMAD GALIB. AGED ABOUT 39 YEARS, D.NO. 9-76, MANDAL, PALNADU DISTRICT. AMARAVATI VILLAGE AND AGED ABOUT 24 YEARS 10.SHAIK ABBAS,, S/0 JAHANGEER, AMARAVATI VILLAGE AND MANDAL, PALNADU D.NO.9-93, DISTRICT. 11.SHAIK HUSSAIN,, S/0 SHABBIR, AGED ABOUT 41 YEARS, D.NO.9-27/1, AMARAVATI VILLAGE AND MANDAL, PALNADU DISTRICT. 12.ANNAM SIVA NAGA MALLESWARA RAO,, S/0 KOTAIAH, AGED ABOUT 54 YEARS, D.NO.7-76, AMARAVATI MANDAL, PALNADU DISTRICT. DHARANIKOTA VILLAGE 13.SHAIK KARIMULLA BAJI„ S/0 ABDUL RAHIMAN, AGED ABOUT 42 AMARAVATI VILLAGE AND MANDAL, D.NO.1-1-6, YEARS, PALNADU DISTRICT. ...PETITIONER/ACCUSED{S) AND 1.THE STATE OF ANDHRA PRADESH, THROUGH ITS PUBLIC HIGH COURT OF ANDHRA PRADESH, PROSECUTOR AMARAVATI, GUNTUR DISTRICT. 2.KONDA KOTESWARA RAO, S/0 SURI BABU, AGED 36 YEARS, CASTE. MALA, OCC. DRAIN CLEANER, PATNAM MALAPALLI, AMARAVATIVILLAGEAND MANDAL, PALNADUDISTRICT ...RESPONDENT/COMPLAINANT{S): Counsel for the Petitloner/accused(S): 1.SOURI BABU DUPPATI Counsel for the Respondent/complainant(S); 1.BOBBA HARI PRASAD REDDY 2.PUBLIC PROSECUTOR I r The Court made the following; lANosJand 3 of 2025 IN/AND CRIMINAL PETITION N0.6211 of 2025 COMMON ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS) has been filed by the petitioners/Accused Nos.1, 3 to 14, seeking quashment of the proceedings against him in S.C (SPL) No.188 of 2024 on the file of IV Additional District and Sessions Judge-cum-SC/ST, Guntur, for the offences under Sections 353, 323, 506 r/w 149 of IPC and Sections 3(1 )(r), 3(1 )(s), 3(2) (va) of SC/STs (POA) Amendment Act-2015. The de facto complainant filed !.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 elders on both sides, the petitioners and the de facto complainant have arrived at an understanding and the matter has been settled between them. 2. Learned counsel for the petitioners and learned counsel representing for the unofficial respondent No.2 {de /acfo-complainant) and learned Assistant Public Prosecutor representing respondent No. 1/State are present. 3. r / 4. Today, when the matter is taken up, petitioners herein/Accused Nos. 1, 3 to 14 and 2'^^ respondent herein are present before this Court. They A produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for 2"^ respondent have identified the parties in the open Court. nd 5. This Court has questioned the 2 respondent herein/de facto complainant with regard to the compromise, and they have categorically stated to that extent that they have voluntarily entered into a compromise with the petitioners herein/Accused Nos.1, 3 to 14. This Court is satisfied with the identification of the parties and the voluntariness in arriving at the compromise. 6. Since the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the proceedings in S.C (SPL) No.188 of 2024 on the file of IV Additional District and Sessions Judge-cum-SC/ST Guntur, against the petitioners herein/Accused Nos.1, 3 to 14 is hereby quashed. Accordingly, I.A.Nos.2 and 3 of 2025 and Criminal Petition No.6211 of 7. 2025 are allowed. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTATNT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The IV Additional District & Sessions Judge-cum-Special Court affiliated for SC/ST Cases, Guntur, Guntur District. 2. The Station House Officer, Amaravathi Police Station, Guntur District. 3. One CC to Sri Souri Babu Duppati, Advocate [OPUC] 4. One CC to Sri Bobba Hari Prasad Reddy, Advocate [OPUC] 5. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT] 6. Two CD Copies at BSV sree Joint Compromise Memo enclosed (vide separate sheet) HIGH COURT DATED:27/06/2025 COMMON ORDER I.A.Nos.2 & 3 of 2025 In/And CRLP NO. 6211 OF 2025 ALLOWING THE I.A.Nos.2 and 3 of 2025 AND ALLOWING THE CRIMINAL PETITION IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI l.A. No. of 2025 IN CRLP No. of 2025 Between: Konda Koteswara Rao, S/o Suri Babu, Aged 36 Years, Caste: Mala, Occ: Drain Cleaner, Patnam Malapalli, Aiti^^aravati Village and Mandal, Palnadu District. ...Petitioner/ Respondent / De-facto CompiaiD€rnt AND 1. Shaik Jani Saida @ Shaik Johny Saida, S/o Abdul Salam Aged about 40 years, D.No. 10-63-12, Muslim Bazar, Amaravati Village and Mandal, Palnadu District. 2. Shaik Karimulla, S/o Abdul Munaf, Aged about 47 years, Amaravati Village and Mandal, Palnadu District. 3. Shaik Mahmmad Rafi, S/o Mahammad Ali, Aged about 45 years, Amaravati Village and Mandal, Palnadu District. X' Shaik Mabu Subhani, S/o Mastan Saheb, Aged about 56 years, D.No. 10-484-1, Amaravati Village and Mandal, Palnadu District. 4. Shaik John Saida, S/o John Bude, Aged about 37 years, D.No. 10-63-12, Amaravati Village and Mandal, Palnadu District. 5. / 6. Shaik Azmatulla, S/o Jaleel, Aged about 35 years, Amaravati Village and Mandal, Palnadu District. / m 7. Shaik Saddam Hussain, S/o Karimulla, Aged about 30 years, Amaravati Village and Mandal, Palnadu District. 8. Shaik Babu, S/o UmmerAli, Aged About 57 years, Amaravati Village and Mandal, Palnadu District. 9. Shaik Ibraheem Khalilulla, S/o Mahammad Galib, Aged about 39 years, D.No. 9-76, Amaravati .Village and Mandal, Palnadu District. Shaik Abbas, S/o Jahangeer, Aged about 24 years, D.No.9-93, Amaravati Village and Mandal, Palnadu District. Shaik Hussain, S/o Shabbir, Aged about 41 years, D.No.9-27/1, Amaravati Village and Mandal, Palnadu District. Annam Siva Naga Malleswara Rao, S/o Kotaiah. Aged about 54 years, D.No.7-76, Dharanikota Village, Amaravati Mandal, Palnadu District. Shaik Karimulla Baji, S/o Abdul Rahiman, Aged about 42 years, D.No.1-1-6, Amaravati Village and Mandal, Palnadu District. 10. 11. 12. 13. ...Respcndents/Petitioners/Accused No. 1,3 to 14 14. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh. V' ... Respondent/Respondent ^INT MEMO FILED BY THE PETITIONFR/RESPONDENTS 1 TO 13 1. It is respectfully submitted Basing on the said complaint the case in Crime No. 39 of 2022 was registered against the petitioners herein under sections 353,323,506, r/w 149 IPC 3(2)(va) SC ST Prevention of Atrocities Act 3(1 )(r). 3(1 )(s) and the police after investigation have filed a chargesheet against the accused under sections 353,506, r/w 149 IPC, 3(1 )(r), 3(1 )(s), 3(2)(va) SC,ST Prevention of Atrocities Act and the same is numbered as SC (SPL) No. 188/2024 on the file of IV Additional District & Sessions Judge-Cum-SC ST Court, Guntur. 2. It is respectfully submitted, above said case due to intervention of the well wishers on both sides and the respondent No.2/Defacto complainant herein, the petitioner and the persons who are stated to be victims namely Gudese Sathish S/o Stalin and Kumbha Gopi S/o Venkata Rao have come to an amicable settlement keeping view of welfare of both sides and also to avoid evil atmosphere in that area because both the villages of the both parties covered under Amaravati village. As per the said compromise the petitioner and the above said persons have agreed to withdraw the case against the 2^^ respondent/ accused and they also agreed to take steps for getting the aforesaid case quashed against the petitioners/ accused, thereby the present criminal petition filed seeking to quash the said Sessions case against the petitioners/ respondents/ accused. in ‘1 i 3. It is submitted that at the intervention of the village elders of both villages the issue was settled out of the* court, requesting the Hon’ble Court to quash the proceeding basing on the settlement between the parties. The settlement is in the interest of the public at iarge» There is no undue influence or coercion in coming to the settlement. It is submitted that the parties herein filed their affidavit to support of this compromise and by stating that they have objection to withdraw the case against the petitioners/ accused in view of the compromise affected between them. no 4. It is respectfully submitted that as already stated above the petitioner and the above said persons Gudese Sathish S/o Stalin and Kumbha Gopi S/o Venkata Rao have no grievance or complaint against the respondents/ accused in view of the aforesaid compromise and no purpose would be served if the case is proceed against the respondents/ accused. The petitioner and the two named persons are no more interest to prosecute the case further against the respondent/ accused. 5. It is submitted that the respondents/ accused and the petitioner and the above said two persons filed this petition to compound the offences and quash the proceedings against the respondents/ accused unless this Hon’ble Court interfere and to permit them to compound the offence otherwise they would be put to grave hardship. It is therefore*j3rayed that this Hon’ble Court may be pleased to record the compromise and quash the proceedings against the Respondents 1 to 13/Accused no 1,3 to 14 in the case in SC (SPL) No. 188/2024 on the file of IV Additional District & Sessions Judge - Cum- SC ST Court, Guntur under sections 353,506, r/w 149 IPC, 3(1 )(r),3(1 )(s). 't 3(2)(va) SC ST Prevention of Atrocities Act and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the li circumstances of the case. 4^ Counsel for the responderrts /Accused I Counsel foifAhe petitioner/R2 R-1/Petitioner No.1 : uL ■i'i R-2/Petitioner No.2 : I IM R-3/Petitioner No.3 ; 3 I I R-4/Petitioner No.4 : is _L R-5/Petitioner No.5 ; ^. fi a ■ a ■ ■c R-6/Petitioner No.6 : "71 R-7/Petitioner No.*?, : "Jl oM i R-8/Petitioner No.«1: R-9/Petitioner No.9 : R-10/Petitioner No. 10 : ^ R-11/Petitioner Nto.J 1: R-12/Petitioner No. 12; /\iy K-fJ' R-13/Petitioner No. 13: ^ y' / Vx 1. ^£,-4^64-0 Cftv>A^ IOaK0v*A V Date: 16-06-2025 Place: Amaravati