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2025 DAILYLAW 22534 (AP)

rangisetty srinivasa rao v. The State of Andhra Pradesh

CRLP/6621/2025 · 2025-06-30

Harinath N

body2025

Judgment text

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H, APHC010317962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY.THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE Hoo PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N ^ l■A■Nos■2 and 3 of 2025 IN/AND CRIMINAL PETITION NO: 6621 OF 2025 Between: 1. Rangisetty Srinivasa Rao, S/o Kanakaiah, Aged about 65 years, Occ R/o D.No.3-12, Boppudi, Chilakaluripeta Rural, Palnadu Farmer, District, Andhra Pradesh-522626. 2. Rangisetty Venkata Siva, S/o Venkata Rao, Aged about 33 years, Occ R/o D.No.3-12, Boppudi, Chilakaluripeta Rural Palnadu District, Andhra Pradesh-522626 Farmer, ...Petitioners / Accused No.1 to 2 AND 1. The State of Andhra Pradesh, Through P.S., Chilakaluripeta Rural, Palnadu District, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 2. Nandigam Vamsi, S/o Venkata Rao, Aged about 23 years, Occ Private Employee, R/o D.No. 1-48, Boppudi, Chilakaluripeta Rural, Palnadu District, Andhra Pradesh-522626. ...Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No.31 of 2025, on the file m. of SHO, P.S. Chilakaluripeta Rural, and Palnadu District U/s.118 (1), 115(2) 351 (2) r/w.3(5) BNS, 3(1 )(s), 3(1 )(r), 3)2)(va) SC ST POA Act, petitioners/accused A1 & A2. \k NO: 1 OF 202.5 against the Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense from filling certified copy of crime No.31 OF 2025 on the file of SHO, P.S. Chilakaluripeta Rural, and Palnadu District U/s 118(1), 115(2), 351(2) r/w 3(5) BNS, 3(1 )(s), 3(1 )(r), 3(2)(va) SC ST POA ACT against the petitioners/accused A1 & A2 pending disposal Criminal Petition. of the main lA NO: 2 OF 20?.^ Between: Nandigam Vamsi, S/o Venkata Rao, Employee, R/o D.No. 1-48, Boppudi, Chilakaluripeta Andhra Pradesh-522626. Aged about 23 years, Occ Private Rural, Palnadu District, ...Petitioner / Proposed 2"'" Respondent / Complainant AND 1. Rangisetty Srinivasa Rao, S/o Kanakaiah, Farmer, Aged about 65 years, Occ R/o D.No.3-12, Boppudi, Chilakaluripeta Rural, District, Andhra Pradesh-522626. Palnadu 2. Rangisetty Venkata Siva, S/o Venkata Rao, Farmer, Aged about 33 years, Occ R/o D.No.3-12, Boppudi, Chilakaluripeta Rural District, Andhra Pradesh-522626 Palnadu ...Respondents / Accused 1 to 2 3. The State of Andhra Pradesh, Through P.S., Chilakaluripeta Rural, Palnadu District, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondents Petition under Section 320 (6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner and respondents/accused No.1 & 2 for compromise and to record the compromise and consequently quash the entire proceedings in crime No.31 OF 2025 on the file of SHO, P.S. Chilakaluripeta Rural, and Palnadu District U/s 118(1), 115(2), 351(2) r/w 3(5) 3(1 )(s), 3(1 )(r), 3(2)(va) SC ST POA ACT against petitioners/accused A1 & A2. the BNS, iA NO: 3 OF 2025 Between: Nandigam Vamsi, S/o Venkata Rao, Aged about 23 years, Occ Private Employee, R/o D.No. 1-48, Boppudi, Chilakaluripeta Rural, Palnadu District, Andhra Pradesh-522626. ...Petitioner / Proposed 2"^^ Respondent / Complainant AND 1. Rangisetty Srinivasa Rao, S/o Kanakaiah, Aged about 65 years, Occ R/o D.No.3-12, Boppudi, Chilakaluripeta Rural District, Andhra Pradesh-522626. Palnadu Farmer, 2. Rangisetty Venkata Siva, S/o Venkata Rao, Aged about 33 years, Occ R/o D.No.3-12, Boppudi, Chilakaluripeta Rural District, Andhra Pradesh-522626 Palnadu Farmer, ...Respondents / Accused 1 to 2 3. The State of Andhra Pradesh, Through P.S., Chilakaluripeta Rural, Palnadu District, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondents Petition under Section 320 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise and consequently quash the entire proceedings in crime No. 31 OF 2025 on the file of SHO, P.S. Chilakaluripeta Rural, and Palnadu District U/s 118(1 ),115(2), 351(2) r/w 3(5) BNS, 3(1 )(s), 3(1 )(r), 3(2)(va) SC ST POAACT against the petitioners/accused A1 & A2. lA NO: 4 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in crime No. 31 OF 2025 on the file of SHO, P.S. Chilakaluripeta Rural, and Palnadu District U/s 118(1), 115(2), 351(2) r/w 3(5) BNS,3(1)(s), 3(1 )(r), 3(2)(va) SC ST POAACTagainst the petitioners/accused A1 & A2. Counsel for the Petitioners: SRI. PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent No.1 : PUBLIC PROSECUTOR Counsel for the Respondent No.2 : SRI. JESTADI PRUDVI RAJU The Court made the following order: APHC010317962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ U [3457] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6621/2025 Between; 1 RANGISETTY SRINIVASA RAO, S/0 KANAKAIAH, AGED ABOUT 65 BOPPUDI, PALNADU DISTRICT, ANDHRA D.NO.3-12, R/0 YEARS, OCC FARMER, CHILAKALURIPETA RURAL, PRADESH-522626. 2 RANGISETTY VENKATA SIVA, S/0 VENKATA RAO, AGED ABOUT R/0 D.NO.3-12, BOPPUDI, PALNADU DISTRICT, ANDHRA 33 YEARS, OCC FARMER, CHILAKALURIPETA RURAL PRADESH-522626 ...PETITIONER/ACCUSED(S) AND THROUGH P.S., OF ANDHRA PRADESH CHILAKALURIPETA RURAL, PALNADU DISTRICT, REP. BY PUBLIC OF ANDHRA PRADESH AT 1.THE STATE HIGH COURT PROSECUTOR, AMARAVATHI. 2.NANDIGAM VAMSI, S/0 VENKATA RAO, AGED ABOUT 23 YEARS, R/0 D.NO. 1-48, BOPPUDI, PALNADU DISTRICT, ANDHRA OCC PRIVATE EMPLOYEE, CHILAKALURIPETA RURAL, PRADESH-522626. ...RESPONDENT/COMPLAINANT{S); under Section 437/438/439/482 of Cr.P.C and 528 of BNSS the circumstances stated in the Memorandum of Grounds of Petition praying that in Criminal Petition, the High Courtpleased to to niip^h file of the Learned I AdditionalTri'''^'?" °f 2020 Proddalur, registered for the offences U/flIs °f ^rst Cf against the Petitioners/A. 1 to A3, and pass ' on - Class, N.l. Act, 1881., lAJilO: 1 OF 209^ Petition under Section circumstances stated i High Court \ id the MemorandumTf^Grn^ «f BNSS praying that in the may be pleased pleased to Hi ® °f Criminal Petition the cnme No. 31 OF 2025 on the fife of FMn® n® ''"'"9 disposal of the main CriminafpefitionLdlo'prsf"""" copy of and 3/1 Xs). 3(1 )(r), to A2 pending lANQ: 2 OF ?n9«; Petition under Section circumstances stated i High Court in the 'n^y be pleased pleased to pe^if ll"™" Ho.1 to 2 for . ^ petitioner and consequently quash the en^ire^'n"^'^^ on the file of SHO P s Chiiai^ i ■ Proceedings in crime No 31 TOA^ff' r}w 3(5) BNS district POA ACT against the petitioners/accusedAUo A2 i ' in respondents/accused compromise and OF 2025 Sc ST in the interest of Justice and to pass !A_NOi_3.OFJ!025 Petition under Section 482 of Or P r' ^ co oircumstanoes stated in the MemoranZ r f 'bat in the High Court may be pleased p asoT t ^9-™' Pe"«°n,.he -eguently guash the f^ -frif^7 «;..... ,h. ™ !ANia_£OF2025 Justice and to Petition under Section circumstances stated in High Court may be pleased No. 31 OF 2025 482 of Cr.P.C and the Memorandum 528 of BNSS praying that in the Pleased to stay of aTfudhf' on the file of SHO P s Chii i. i 9'°®®®''ings in crime Chilakaluripeta Rural, end Palnadu "7 3 1 r-f District U/s 118(1), 115(2), 351(2) r/w 3(5) BNS,3(1)(s), 3(1 )(r), 3(2)(va) SC ST POA ACT against the petitioners/accused A1 to A2 in the interest of Justice and to pass Counsel for the Petitioner/accused(S): 1.PONNEKANT1 MALLIKARJUNA RAO Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2.JESTAD1 PRUDVl RAJU The Court made the following; rl r 4 I.A.Nos.2 and 3 of 2025 IN/AND CRIMINAL PETITION No.6621 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 and 2, seeking quashment of the criminal case filed against them in FIR No.31 of 2025 on the file of the Chilakaluripet Rural Police Station, Palnadu District, for the offences under Sections 118(1), 115(2) 351(2) read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short BNS) and 3(1 )(s), 3(1 )(r), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short SC & ST (POA) Act). 2. The 2nd respondent/c/e facto complainant filed I.A.Nos.2 and 3 of 2025, duly enclosing a Joint Memo entered between the petitioners/accu sed Nos.1 and 2 as well as the 2nd respondent/de facto complainant. It is stated that at the intervention of elders on both sides, the petitioners and the 2nd respondent have arrived at an understanding and the matter has been settled between them. 3. Learned counsel for the petitioners/accused Nos.1 and 2, learned counsel for the 2nd respondent/c/e facto complainant and learned Assistant Public Prosecutor appearing for the 1st respondent/State, are present. 5 Today, when the ^os.1 and 2 this Court. They identity. Learned counsel for the 2^'^ in the open Court. matter is taken up for hearing, the complainant respective Aadhar petitioners/accused Nos. complainant have identified >V petitioners/accused are present before cards in proof of their and the 2^^ respondent/de facto produced their counsel for the '< and 2 and learned the parties respondent/de facto 5. This Court has questioned the 2^^ respondent/de facto categorically stated complainant with to that extent that he regard to compromise, and he has voluntarily entered i ' mto compromise with the IS satisfied with the identificati petitioners/accused Nos on of the parties • 1 and 2. This Court i and volunta.rinness in arriving at the compromise. 6. Since the parties entered into settlement and compromise, the Criminal of 2025 on the Petition is ailowed and therefore fife of the Chilakaluri , the proceedings in FIR No.31 'Pet Rural Police Station Palnadu District are hereby quashed. 7. Accordingly, ,.a.Nos,2 and 3 of 2025 2025 are allowed. and Criminal Petition No.6621 of As a sequel, ^ Interlocutory Applications pending, if any, shall closed. stand Sd/- G HELA NAIDU ASSISTANT REGI^RAR W^i^FFICER //TRUE COPY// SE To, 1. The Station House Officer, 2. One CC to Sri. Ponnekanti Mallikarjuna P.S., Chilakaluripeta Rural, Palnadu District. Rao, Advocate [OPUC] 3. One CC to Sri. Jestadi Prudvi Raju, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Two CD Copies PR vna (ENCLOSING THE JOINT MEMO) s high court DATED:01/07/2025 COMIMON ORDER I.A.Nos.2 and 3 of 2025 NO; 6621 OF 2025 IN/AND CRIMINAL PETITION ^ 1 1 AUG 2025 J ntSectitox^ Co ALLOWING THE I.A.Nos. CRIMINAL PETITION 2 and 3 of 2025 IN/AND .2 COURT OF ANDHRA PRADESH AT AMARAVATHI IN THE HIGH / OF 2025 I.A No. In ,OF 2025 CrI.P No. Between: 1. Rangisetty Srinivasa Rao, S/o Kanakaiah, Aged about 65 years, Occ; Farmer, R/o D.No.3-12, Boppudi, Chilakaluripeta Rural, • Palnadu District, Andhra Pradesh-522626. 2. Rangisetty Venkata Siva, S/o Venkata Rao, Aged about 33 years, Occ: Farmer, R/o D.No.3-12, Boppudi, Chilakaluripeta Rural, Palnadu District, Andhra Pradesh-522626. AND 1. The State of Andhra Pradesh, Through P.S., Chilakaluripeta Rural, Palnadu District Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. T 2. Nandigam Vamsi, S/o Venkata Rao, Aged about 23 years, Occ: Private Employee, R/o D.No.1-48, Boppudi, Chilakaluripeta Rural Palnadu District, Andhra Pradesh-522626. Petitioners/Accused No.1 to 2 Respondents /complainant. ■ iniNT MEMO FILED BY PETITIONERS/ACCUSED 1 TO 2 AND 2ND PFf^pnNnRNT/COMPLAINANT before SHO Chilakaluripeta Rural, the S.H.O the file of SHO, P.S. Chilakaluripeta, 01. I submit that 1 gave a report got registered the crime No. 31 OF 2025 on 118(1), 115(2), 351(2) r/w 3(5) BNS, 3(1)(s) Rural, ^nd Palnadu District U/s 3(1 )(r), 3(2)(va) SC ST POA ACT against the petitioners/accused A1 to A2. - /\ 02. It is submitted that the Petitioner and Respondents/Accused 1 intervention of elders settled to 2 at amicably and the the disputes among them petitioner, has no interest to proceed further 2025 on the file of SHO, proceedings in crime No. 31 OF P S. Chilakaluripeta Rural, and Palnadu District U/s 118(1 ),115(2), 351(2) r/w 3(5) BNS- 3(1 )(s), 3(1 )(r), 3(2)(va) SC ST POA ACT to A2 In the view of settlement reached against the petitioners/accused. A1 between them. Therefore, the petitioner prays that this Hon’ble Court may be pleased to consequently quash the entire proceedings in crime on the file of SHO, P.S. record the compromise and No. 31 OF 2025 Chilakaluripeta Rural, and Palnadu r/w 3(5) BNS, 3(1 )(s), 3(1 )(r). 3(2)(va) petitioners/accused A1 to A2 in the interest of Justice and or orders as the Hon’ble Court deems District U/s 118(1), 115(2), 351(2) r/^^ POA A,CT against the SC ST to pass such other order the circumstances of the I fit and proper in case. Hence this. Joint Memo. Amravati, Dated. 20.06.2025 1, Rangisetty Sriniv^asa Rao • V. 2. Rangisetty Venkata Siva i (a'I') N (Nandigam Vamsi) (Petitioners) (2"^^ Respondent). CourtseUerP^tioners J Counsel for Respondent No.2