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2025 DAILYLAW 22409 (AP)

Kantapureddy Eeswari v. The State of Andhra Pradesh

CRLP/6498/2025 · 2025-07-03

Harinath N

body2025

Judgment text

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APHC010314772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI BMS FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N i.A. Nos. 2 & 3 of 2C\7R IN/AND CRIMINAL PETITIOM Mn; 3498 OF ?n9i; Common C T Between: Yalasi Sadhika, W/o. Nagaraju, Aged 22 years, R/o. Block No.211 Y.S.R. Colony, Jakkampudi, Vijayawada , SF-3. Rural Krishna District. ..PETITIONER/RESPONDENT N0.2 AND 1. The State of Andhra Pradesh, (S.H.O II Town P.S., Vijayawada City) Rep. by Public Prosecutor High Court of A.P. Amaravathi. ...RESPONDENT/COMPLAINANT 2. Kantapureddy Eeswari, W/o. Apparao, Age: 49 years, R/o.Block No 157-GF-3, YSR Colony, Jakkampudi, Vijayawada Rural. 3. Kantapureddy Ramu, S/o. Apparao, . GF-3, YSR Colony, Jakkampudi, Vijayawada Age 28 years, R/o.Block No 157 Rural. 4. Palamani Ramadevi, W/o. Raja, Age 40 years, R/o.Block No 157-FF-3, YSR Colony, Jakkampudi, Vijayawada Rural. 5. Palamani Raja, S/o. Venkata Swami, Age 45 years, R/o. Block No 157- FF-3, YSR Colony, Jakkampudi, Vijayawada Rural. 6. Kokkiligadda Vulan Kumar, S/o. Joga Rao, Age 35 years, R/o. Block No 157-SF-2, YSR Colony, Jakkampudi, Vijayawada Rural. 7. Jadgam Sudha Rani, W/o. Perumallu, A/34, R/o.Block No YSR Colony, Jakkampudi, Vijayawada Rural. 8. Shaik Kayyum, S/o. Mastan, Age 42 years, R/o. Block No 157-TF-5, YSR Colony, Jakkampudi, Vijayawada Rural. 9. Tirandi Rama, W/o. Naga Narendra Kumar, Age 34 years, R/o. Block No 157-FF-8, YSR Colony, Jakkampudi, Vijayawada Rural. Tirandi Naga Narendra Kumar @ Narendra, S/o. Durgarao, Age YSR Colony, Jakkampudi, 157-TF-8, 10. 35 years. R/o.Block No 157-FF-8, Vijayawada Rural ... RESPONDENTS/PETITIONERS lA NO: 2 OF 202fi Petition under Section 359 (6) and 528 r/w BNSS U/s 320(2) 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 to compound the offences U/s 353, 341, 509, 506, 323, 143 CC No. 18 of 2021 before the Hon'ble and r/w 149 I PC in II Additional Chief Metropolitan Magistrate Vijayawada City Krishna District. lA NO: 3 OF 202fi Petition under Section 359 (2) and 528 r/w BNSS U/s 320(2) 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 V and quash the proceedings CC No. 18 of 2021 before the Metropolitan Magistrate, Vijayawada II Additional Chief City, Krishna District. (Along with Joint Compromise Memo) CRIMINAL PFTITION NO- B/iq« /m= 2025 Between: 1. - Colony, Jakkampudi, Vijayawada Rural. 2. Kantapureddy Ramu, S/o. Apparao, Age 28 years, R/o.Block No 157-GF-3, YSR Colony, Jakkampudi 3. Palamani Ramadevi, W/o. Vijayawada Rural. Raja, Age 40 years, R/o.Block F-3, YSR Colony, Jakkampudi, Vijayawada 4. Palamani Raja, S/o. Venkata No 157- Rural. Swami, Age 45 years, R/o. 157 FF 3, YSR Colony, Jakkampudi, Vijayawada Rural. 5. Kokkiligadda Vulan Kumar, S/o. Block No K, .cv or- R/o- Block O - -2, YSR Colony, Jakkampudi, Vijayawada Rural 6- Jangam Sudha Rani W/o. Perumallu, A/34, R/o.Block No 157-TF-8, YSR Colony, Jakkampudi, Vijayawada Rural 7. Shaik Kayyum, S/o. Mastan, Age 42 years, R/o. Block No 157-TF-5 YSR Colony, Jakkampudi, Vijayawada Rural. 8. Tirandi Rama, W/o. Naga Narendra Kumar, Age 34 No 157-FF-8. YSR Colony, Jakkampudi 9. Tirandi Naga Narendra Kumar years, R/o. Block Vijayawada Rural. @ Narendra, S/o. Durgarao, Age 35 ' YSR Colony, Jakkampudi years Vijayawada Rural R/o.Block No 157-FF-8, ■■PETITIONERS/ACCUSED N0.1 TO 9 AND 10. CitviT Vijayawada y) Rep. by Public Prosecutor High Court of A.P. Amaravathi. ■ ■ RESPONDENT/COMPLAINANT 11. Yalasi Sadhika, D/o. or o V o o 6'°='' No-211 ^ -3, Y.S.R. Colony, Jakkampudi, Vijayawada Rural Vijayawada City ..RESPONDENT N0.2/DEFACT0 COMPLAINANT Petition under Section 528 „....zi"rr'" *• High Court of Criminal Petition, the Proceedings in CC No. 18 of 2021 Chief Metropolitan Magistrate, Vijayawada may be pleased to quash the on the file of Hon'ble II Additional City, Krishna District. jA NO: 4 OF 9noK Petition under Section 528 High Court of Criminal Petition, the proceedings including No. 1 to 9 in the CC No. 18 of 2021 Chief Metropolitan Magistrate, Vijayawada may be pleased to stay of all further appearance of the petitioners/accused the file of Hon'ble II Additional on City, Krishna District. Counsel for the Petitioners : SMT. MARELLA RADHA Counsel for the Respondent Counsel for the Respondent The Court made the following No.1 ; PUBLIC PROSECUTOR No.2 ; — COMMON ORDER ; APHC010314772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N [3457] CRIMINAL PETITION NO: 6498/2025 Between: 1.KANTAPUREDDY EESWARI, W O APPARAO R O.BLOCK NO 157 OF .3, YSR COLONY, JAKKAMPUDI, VIJAYAWADA RURAL. 2.KANTAPUREDDY RAMU, S/0 APPARAO, AGE 28 YEARS, R/O.BLOCK NO 157-GF-3, YSR COLONY, JAKKAMPUDI, VIJAYAWADA RURAL. 3.PALAMANI RAMADEVI, W/0 RAJA, AGE 40 YEARS, R/O.BLOCK NO 157-FF-3, YSR COLONY, JAKKAMPUDI, VIJAYAWADA RURAL. 4.PALAMANI RAJA, S/0 VENKATA SWAMI, AGE 45 YEARS, R/0. BLOCK NO 157-FF-3, YSR COLONY, JAKKAMPUDI, VIJAYAWADA RURAL. 5.. KOKKILIGADDA VULAN KUMAR, S/0 JOGA RAO, AGE 35 YEARS, R/0. BLOCK NO 157-SF-2, YSR COLONY, JAKKAMPUDI,VIJAYAWADARURAL. 6.JANGAM SUDHA RANI, W/0 PERUMALLU, A/34, R/O.BLOCK NO 157-TF-8, YSR COLONY, JAKKAMPUDI, VIJAYAWADA RURAL. 7.SHAIK KAYYUM, S/0 MASTAN, AGE 42 YEARS, R/0. BLOCK NO 157-TF-5, YSR COLONY, JAKKAMPUDI, VIJAYAWADA RURAL 8.TIRANDI RAMA, W/0 NAGA NARENDRA KUMAR, AGE 34 YEARS, R/0. BLOCK NO 157-FF-8, YSR COLONY, JAKKAMPUDI,VIJAYAWADARURAL. 9.TIRANDI NAGA NARENDRA KUMAR NARENDRA, S/0 DURGARAO, AGE 35 YEARS, R/O.BLOCK NO 157-FF-8, YSR COLONY, JAKKAMPUDI, VIJAYAWADA RURAL ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, S.H.O LL TOWN P.S., VIJAYAWADA CITY REP. BY PUBLIC PROSECUTOR HIGH COURT OF A.P. AMARAVATHI. 2.YALASI SADHIKA, D/0. NAGA. AGED 27 YEARS, R/0. BLOCK 2 N0.211, SF-3, Y.S.R. COLONY, JAKKAMPUDI, VIJAYAWADA RURAL VIJAYAWADA CITY ...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 CourtPleased to quash the Proceedings in CC No. 18 of 2021 on the file of Hon'ble II Additional Chief Metropolitan Magistrate, Vijayawada City, Krishna District against the petitioners/accused No. 1 to 9 and to pass su lA NO: 1 OF 2025 Petition under Section 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 Pleased to dispense with the filing of the certified copies in the case CC No. 18 of 2021 on the file of II Additional Chief Metropolitan Magistrate court Vijayawada City Krishna District and to pass any other and further orders in the interest of justice. lA NO: 2 OF 2025 Petition, under Section 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 pleased to permit the petitioner to compound the offences U/s 353, 341, 509; 506, 323, 143, and r/w 149 IPC in CC No.18 of 2021 before the Hon'ble II Additional Chief Metropolitan Magistrate Vijayawada City Krishna District against the petitioners/accused No. 1 to 9 and pass lA NO: 3 OF 2025 Petition under Section 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 Pleased to record the compromise and quash the proceedings CC No. 18 of 2021 before the Chief Metropolitan Magistrate, Vijayawada City, Krishna District for the offence U/s 353, 341, 509, 506, 323, 143, and r/w 149 IPC against the petitioners/accused No. 1 to 9 and to pass lA NO: 4 OF 2025 Petition under Section 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 pleased to stay of all further proceedings including appearance of the petitioners/accused No. 1 to 9 in the CC No. 18 of 2021 on the file of Hon'ble II Additional Chief Metropolitan Magistrate, Vijayawada City pending the criminal petition and to pass Counsel for the Petitioner/accused(S): 1.MARELLA RADHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR Krishna District 4 > I.A.Nos,2and3of2^ IN/AND CRIMINAL PETITION N0.6498 of 2025 COMMON ORDER: The instant petition under Section 482 of the Cr.P.C has been filed by the petitioners/Accused Nos.1 to 9, seeking quashment of the proceedings against them in C.C No. 18 of 2024 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada City, for the offences under Sections 353, 341, 509, 506, 323, 143 read with 149 of the IPC. l.A.No.2 of 2025 has been filed by the learned counsel for the petitioners, seeking to record a compromise between the parties and to quash the proceedings in C.C No. 18 of 2024 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada City. I.A.No.3 of 2025 has been filed by the learned counsel for the petitioners, seeking to compound the offences between the parties, and a joint memo has been filed. 2. 3. The learned counsel for the petitioners, the learned counsel representing the unofficial respondent No.2, and the learned Assistant Public Prosecutor representing respondent No. 1/State are present. 4. Today, when the matter was taken up, both parties appeared before this Court. They produced their respective Aadhar cards as 5. 5 proof of their identity. The learned learned Court. counsel for the petitioners respondents identified the and the counsel for the parties in open 6. Since the parties have compromise, the Criminal entered into Petition is allowed. a settlement and Accordingly, the on the file of || Additional proceedings in C.C No. 18 of Metropolitan Magistrate, Vijayawada Accordingly, I.A.Nos.2 No.6498 of 2025 are allowed. 2024 Chief City, are hereby quashed. and 3 of 2025 and Criminal Petition As a sequel thereto, interlocutory applications Shall stand closed. pending, if any, SD/- M.SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional Krishna District. 2- The Station House Officer, 3. One CC to Smt. MARELLA 4. Two CCs to PUBLIC Amaravati. fOUTJ 5. Two CD Copies Chp Chief Metropolitan Magistrate, Vijayawada City, II Town Police Station Vijayawada City. RADHA Advocate fOPUCJ prosecutor, High Court Of Andhra Pradesh at TAC (Along With Joint Compromise Memo) 8. Tirandi Rama, W/o Naga Narendra Kumar, Age 34 R/o. Block No: 157-FF-8, YSR Colony, Jakkampudi, Vijayawada Rural. years. 9. Tirandi Naga Narendra Kumar@ Narendra S/o Durgarao, Age 35 years, R/o.Block No: 157-FF-8, YSR Colony, Jakkampudi, Vijayawada Rural ... Petitioners/Accused No.1 to 9 AND 1. The State of Andhra Pradesh (S.H.O ll-Town P.S., Vijayawada City) Rep. by Public Prosecutor High Court of A.P. Amaravathi. ..Respondent/Complainant 2. Yalasi Sadhika, W/o. Nagaraju. Aged 27 years Wo. Block No.211, SF-3, Y.S.R, Colony, Jakkampudi Vijayawada Rural Mandal, Vijayawada City, Krishna District. ...Respondent No.2/Defacto Complainant JOINT MFMn 1. I submit that I filed a complaint against the petitioners and the was registered as in Crime No. 245/2020 of ll-Town P.S., Vijayawada City for the alleged offences under Section 323, 143, and 149 IPC on 01.05.2020. The said crime was registered basing on the written report said to have respondent against the petitioners. After the respondent police filed charge sheet and the as CC No. 18 of 2021 before the Hon'ble II Additional Magistrate, Vijayawada City, Krishna District the U/s 353, 341, 509, 506, 323, 143, and 149 IPC same U/s 353, 341, 509, 506 been given by the 2 completing the investigation same was numbered Chief Metropolitan nd against the petitioners for MEMORANDUM OF CRIMINAL MISC. PETITION (Under Section 528 r/w 359 (6) BNSS ) IN THE HIGH COURT OF ANDHRA PRADESH:: AT AMARAVATHI lA. No. of 2025 in CrI.P.No. of 2025 Between; 1. Kantapureddy Eeswari, W/o Apparao, Age 49 years , R/o.Block No: 157-GF-3. YSR Colony, Jakkampudi, Vijayawada Rural. 2. Kantapureddy Ramu, S/o Apparao. Age 28 years, R/o.Block No: 157-GF~3, YSR Colony. Jakkampudi, Vijayawada Rural. 3. Palamani Ramadevi, W/o Raja, Age 40 years, R/o.Block No; 157-FF-3, YSR Colony, Jakkampudi, Vijayawada Rural. 4. Palamani Raja, S/o Venkata Swami, Age 45 years, R/o. Block No: 157-FF-3, YSR Colony, Jakkampudi, Vijayawada Rural. 5. Kokkiligadda Vulan Kumar, S/o Joga Rao, Age 35 years, R/o. Block No: 157-SF-2. YSR Colony, Jakkampudi, Vijayawada Rural. 6. Jangam Sudha Rani, W/o Perumallu, A/34, R/o.Block No; 157-TF-8, YSR Colony, Jakkampudi, Vijayawada Rural. ’ 7. Shaik Kayyum, S/o Mastan, Age 42 years, R/o. Block No: 157-TF-5, YSR Colony, Jakkampudi, Vijayawada Rural. 4 r- ZJl 5 !<'. yi/jJLoj)r' ■ 6 T.SUdhc^ a^CK- 7 8 Counsel for ^^frlnon^/Respondent No.2 Counsel for Respondent r\ fs submitted petitioners said case. ( have that at the iintervention of the disinterested mediator, the in the above we have and volition and and //the 2""' respondent have compromised i no interest to pursue with the compromised. / praying this Hon’bie and complaint as a-n filing this affidavit wi wrth my free wi|( Court to compound the offence iin the petitioners, in vi quash the compromise complaint view of the proceeding against the permit the petitioners and me to compound the petitioners.In vi quash the compromise case and view of case and Additional Chief District for proceedings permit the against the petitioners and °< 2021 before me to compound the quash the CC No. 18 Metropolitan offence U/s 353 the Hon'ble || Magistrate, 341, 509, 506, Vijayawada 323, 143, C'ty. Krishna and r/w 149 (pQ the is therefore prayed that this Hon’ble Court compound the offences 'n CC No. 18 of may be pleased 'i43, and r/w C/s 353, 341 to 309, 506, 323, 2021 before the Hon'bie II Vijayawada City, Krishna and to pass 149 IPc Magistrate, N0.I to 9 deem ift and Additional Chief Metropolitan District against the petitioner/accused -'’ Other order or orders as this Hon'bie oimumstancesoffhe proper in the ci Court may case. Amaravathi, Date 22.06.2025 Petitioners/Petitio ^'^itioner V Counse ners Respondenno.2/dtfecto complainant 5^- HIGH COURT DATED:04/07/2025 ORDER I.A. Nos. 2 & 3 of 2025 IN/AND CRIMINAL PETITION NO: 6498 OF 2025 ALLOWING THE I.A. Nos. 2 & 3 of 2025 IN/AND CRIMINAL PETITION