\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA LA-Nos-I & 2 of 2025 in/and CRIMINAL PETITION No.4877 of 2024 CRIMINAL PETITION No.4877 of 2024 Between: D.Satish Kumar, S/o. Late T Doraswamy, Aged about 55 years, Occ: Advocate, R/o.D.No.2-386, Kongareddipalli, Chittoor Town, Chittoor District. ...Petitioner/Accused AND 1. K Rekha, D/o. K Vasu Naidu, Aged 30 years, R/o.Kammathimmaiah palli Village, Gudipala Mandal, Chittoor District. ...Respondent/Defacto Complainant 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Buildings, Amaravati. ...Respondent Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) praying that in the circumstancesstated in the Memorandumof Grounds of Criminal Petition, the High Court may be pleased to call for the records in PRC No.28 of 2024 on the file of Hon’ble V Additional Junior Civil Judge- cum-Judicial Magistrate of I Class Court for Special Mobile Court, Chittoor, Chittoor District for the offences under Sec. 75, 78, 79, 356(3) BNS Act and quash the same as illegal, (prayer is amended as per the Court Order dated 20.02.2025 in I.A.No.3 of 2025 in CRLP No.4877 of 2024) f LA. NO: 1 OF 2024 Petition under Section 528 of BNSS (under 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 grant stay of all further proceedings in PRC No.28 of 2024 on the file of Hon’ble V Additional Junior Civil Judge-cum-Judicial Magistrate of I Class Court for Special Mobile Court, Chittoor, Chittoor District for the offences under Sec. 75, 78, 79, 356(3) BNS Act pending disposal of the above Criminal Petition. LA. NO: 1 OF 2025 Between: K Rekha, D/o. K Vasu Naidu, Aged 30 years, R/o.Kammathimmaiahpal li Village, Gudipala Mandal, Chittoor District. ...Petitioner/1 Respondent/Complainant AND 1. D Satish Kumar, S/o. Late T Doraswamy, Aged about 55 years, Occ; Advocate, R/o.D.No.2-386, Kongareddipalli, Chittoor Town, Chittoor District. ...Respondent/ Petitioner/Accused 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Buildings, Amaravati. ...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 the compromise in between petitioner /I®* respondent and 1®' Respondent / accused in the above Criminal Petition by record joint memo. r I.A. NO: 2 OF 2025 Between: K Rekha, D/o. K Vasu Naidu, Aged 30 years, R/o.Kammathimmaiahpal li Village, Gudipala Mandal, Chittoor District. ...Petitioner/1®* Respondent/Complainant AND 1. D Satish Kumar, S/o. Late T Doraswamy, Aged about 55 years, Occ: Advocate, R/o.D.No.2-386, Kongareddipalli, Chittoor Town, Chittoor District. ...Respondent/ Petitioner/Accused 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court Buildings, Amaravati. ...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/1®* respondent to compound the offences under Sec. 75, 78, 79, 356(3) of BNSS Act in PRC No.28 of 2024 on the file of Hon’ble V Additional Junior Civil Judge-cum- Judicial Magistrate of I Class Court for Special Mobile Court, Chittoor, for the offences under Sec. 75, 78, 79, 356(3) of BNSS Act. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T C Krishnan, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.2 and of Sri M Vinod Kumar, Advocate for the Respondent No.1. The Court made the following: f \ APHC010303122024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 and 2 of 2025 in/and N No. 4877 of 2024 CRIMINAL P Between: D Satish Kumar ...PETITIONER/ACCUSED AND ...RESPONDENT/COMPLAINANT(S) K Rekha and Others Counsel for the Petitioner/accused: l.T C KRISHNAN Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: COMMON ORPPR: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C) has been filed by the Petitioner/Accused, seeking quashment of the Proceedings against him in F.I.R.No.105 of 2024 of Gudipala Police Station, Chittoor District, registered for the offences punishable under Sections 75, 78, 79, 356(3) of the Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'). 2. I.A.No.2 of 2024 is filed by the Respondent No. 1/complainant under Section 482 read with 320(6) Cr.P.C., seeking permission to compound the offences lodged against the Petitioner in the above Crime. 2 /N 3. I.A.No.l of 2024 is filed by Respondent No. 1/complainant under Section 482 read with 320(2) Cr.P.C., seeking to record the compromise and quash the F.I.R.No.105 of 2024 of Gudipaia Poiice Station, Chittoor District. 4. Respondent No.l / de facto Compiainant would submits that the Petitioner/Accused is a known person to her for the iast 15 years. Due to misconception, the present case has been lodged against the Petitioner. Respondent No.l would further submit that she is voluntarily come forward to withdraw the present case since they entered into compromise on the advice of elders. Her consent for compromise is not with coercion and under the influence of anybody. Today, Petitioner/Accused and Respondent No.l appeared before this Court and were identified by their respective learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. 5. Sri C.Panini Somayaji, learned Additional Public Prosecutor appearing for respondent No.2/State reported no objection to record compromise. 6. A joint memo has been filed by the parties and the contents read as under: JOINT MEMO 1. It is submitted that the respondent herein filed a complaint against the petitioner / accused herein before P S Gudipaia, on such complaint the P.S. issued FIR vide Crime No. 105/2024 dated 8.7.2024for the offences under Sec. 75, 78, 79, 356(3) of BNSS Act. 2. It is submitted that the petitioner iaid a private compiaint under Sec.200 of Cr PC for the offences under Sec.406, 409, 420, 499, 500 and 506 of IPC. The said compiaint was numbered as CF No.924/2024 on the fiie of Hon'ble J.M.F.C. Chittoor-cum-IV Addi Civil Judge, (Junior Division). The said complaint was dismissed under Sec.203 of Cr.P.C. vide Order dated 21.8.2024. As against that the petitioner herein takes the matter and filed Crl.R.C.No.904/2024 before this Hon'ble Court and the same is 3 r X pending. I submit that after service of notice in both the cases i.e, Cri.P.No.4877/2024 and Cri.R.C.No.904/2024 on the fiie of this Hon'ble High Court, the issue is placed before elders of both the family members and their relatives for amicable settlement. Both parties' i.e, accused and complainant inclined to amicably settle the matter with intent to purchase peace and directed the elders to with draw the cases filed by petitioner and as well as the respondent and live peacefully. 4. Now the accused and 1 st respondent both are residing in one roof As a living relation, they want to continue the same for their wili. 5. The respondent / complainant undertakes that, she agreed that the right to ciaim maintenance, things from the petitioner is hereby forfeited and given up for the fast, present and future. 6. This joint memo is signed by both the parties with free will, without any threat, coercion or undue influence. Hence, it is therefore prayed that this Hon'ble Court may be pleased to quash the proceedings pending against the petitioner / accused in Crime No. 105/2024 before PS Gudipala, Chittoor District for the offences under Sections 75, 78, 79, 356(3) BNS Act by aliowing CrI.P. in the interest of justice and to pass necessary order or orders as this Hon'ble Court may deem fit. 7. In view of the fact that the respondent No.l/ c/e facto Complainant is not willing to continue the criminal proceedings, no purpose would be served in keeping the matter except waste of precious time of the Court. 8. Considering the submissions and in view of the Joint Memo, in the interests of justice, I.A.Nos.l and 2 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the Proceedings against the Petitioner/Accused in F.I.R.No.105 of 2024 of Gudipala Police Station, Chittoor District are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The V Additional Junior Civil Judge-cum-Judicial Magistrate of I Class Court for Special Mobile Court, Chittoor, Chittoor District. » f 2. The Station House Officer, Gudipala Police Station, Chittoor District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 4. One CC to Sri T.C.Krishnan, Advocate [OPUC] 5. One CC to Sri M.Vinod Kumar, Advocate [OPUC] 6. Three CD Copies. (*along with the Joint Compromise Memo in I.A.No.l of 2025 in CRLP No.4877 of 2024) TK * ■IS-TPSif—T.’ « HIGH COURT TK DATED:20/02/2025 COMMON ORDER I.A.Nos.1 & 2 of 2025 in/and CRLP.No.4877 of 2024 ALLOWING THE I.A.Nos.1 & 2 of 2025 AND ALLOWING THE CRIMINAL PETITION ta?5S!»353C31?«Pfr:.7C'-‘ H f ' IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI CRL P NO. 4877 OF 2024 BETWEEN : D Satish Kumar S/o. Late T Dorawamy, Aged about 55 years, Occ Advocate R/o. D No. 2-386, Kongareddipalli, Chittoor Town, Chittoor District Petitioner Accused And K Rekha D/o. K Vasu Naidu, Aged 30 years, R/o. Kammathimmaiahpalli Village, GudipalaMandal, Chittoor District -- Respondent Complainant JOINT MEMO submitted that the respondent herein filed a complaint against accused herein before P S Gudipala, on such FIR vide Crime No. 105/2024 dated 1. It is petitioner / complaint the P.S. issued 8.7.2024for the offences under Sec. 75, 78, 79, 356(3) of BNSS Act. the 2. it is submitted that the petitioner laid a private complaint under Sec. P C for the offences under Sec. 406, 409, 420, 499, 500 and 200 of Cr 506 of IPC. The said complaint was numbered as CF No. 924/2024 on the file of Hon’ble J.M.F.C. Chittoor cum IV Addl Civil Judge, (Junior Division). The said complaint was dismissed under Sec. 203 of Cr P C dated 21.8.2024. As against that the petitioner herein and filed CrlRC No. 904/2024 before this Hon’ble vide Order takes the matter Court and the same is pending. I submit that after service of notice in both the cases i.e, Crl P No. 4877/2024 and Crl RC No. 904/2024 on the file of this Hon’ble High Court, the issue is placed before elders of both the family members and their relatives for amicable settlement. Both parties- i.e, accused and complainant inclined the matter with intent to purchase with draw the and live peacefully. to amicably settle peace and directed the elders to as well as the respondent cases filed by petitionerand 4. Now the accused and 1 As a living relation, they St respondent both are residing in one roof want to continue the same for their will. g to claim maintenance, things from thepetitioner forfeited and given up for the fast, present and future. is hereby 6. This joint memo i any threat, coercion IS signed by both the parties with free J or undue influence. will, without Hence, it is therefore prayed that this Hon’ pfic the petitioner / accuse<J-in ,7"“ 3MSir*’« b, c„„ the interest of justice and to pass necessary order ble Court may be pleased or orders as this Hon’ble Court may deem fit. Chittoore Date :lo/l/2025 Accused / Counsel for^i^petitioner AC k(: L.; Complainant Counsel for the 1 / St respondent rkj- r i^'Vi; u -i- C'A a p/VGt-^V cu-Gj m 0 0-9.0^5 ^ lu A /' / / /-*> -'-O Ln /r- c’ b'O hj.