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2025 DAILYLAW 23122 (AP)

J. SUBRAMANYAM NAIDU v. THE STATE OF ANDHRA PRADESH

CRLP/5332/2024 · 2025-05-07

Harinath N

body2025

Judgment text

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APHC010325802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N I.A.Nos.2 & 3 of 2025 in/and CRIMINAL PETITION No.5332 of 2024 CRIMINAL PETITION No.5332 of 2024 Between: 1. J. Subramanyam Naidu, S/o. Chengamm Naidu, aged about 65 Occ: Cultivation, R/o. Padmapuram Village, Pulluru Post, S.R.Puram Mandal, Chittoor District. years. 2. Mahendra @ Madhu, S/o.Lokanatham Naidu, aged about 42 years, Occ: Private Service, R/o. Marripalli Village, Pulluru Post, S.R.Puram Mandal, Chittoor District. 3. Reena, W/o. Madhu, aged about 36 years, Occ: Housewife, R/o. Marripalli Village, Pulluru Post, S.R.Puram Mandal, Chittoor District. 4. Gudivada Venkattadri Naidu, S/o. G.Chinnabba Naidu, aged about 42 years, Occ: Cultivation, R/o. Eguva Kamma Kandriga Village, Pulluru Post, S.R.Puram Mandal, Chittoor District. ...PETITIONERS/ACCUSED NOS.1, 3, 4 & 5 r AND 1. The State of Andhra Pradesh, through Sub Inspector, Chittoor I Town Police Station, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT N0.1 2. S Sukumar Naidu, S/o. S.Krishnama Naidu, aged about 58 years, Occ: Cultivation, R/o.H.No. 19-201, Jailkhana Veedi, Mittoor and District. Chittoor Town ...RESPONDENT/DE-FACTO COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition may be pleased to quash the proceedings against the Petitioners in CC.No.898 of 2020 on the file of the Court of IV Additional Judicial Magistrate of I Class, Chittoor (arising in Crime No.408 of 2020 of Chittoor I Town Police Station) for the offences punishable Under Sections 342, 365, 323, 368 IPC R/w.34 of IPC. the High Court lA NO: 1 OF 2024 Petition 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 Stay all further proceedings including appearance of the Petitioner in CC.No.898 of 2020 on the file of the Court of IV Additional Judicial Magistrate of I Class, Chittoor pending disposal of the above Petition. quash lA NO: 2 OF 2025 Petition under Section 359(2) R/w 528 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 between the Parties for Offences under Sections 342, 365, 323, 368 IPC r/w. 34 of IPC in C.C. No. f 898 of 2020 on the file of the Court of IV Additional Judicial Magistrate of I Class, Chittoor to quash the same. lA NO: 3 OF 2025 Petition under Section 359(2) R/w 528 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 Petitioners to compound the Offence in C.C. No. 898 of 2020 on the file of the Court of IV Additional Judicial Magistrate of 1®* Class, Chittoor for the offences punishable under Sections 342, 365, 323, 368 IPC r/w. 34 of IPC to quash the proceedings by allowing the CrI.P.No. 5332 of 2024. Counsel for the Petitioners : SMT V HIMABINDU Counsel for Respondent No.1 : PUBLIC PROSECUTOR Counsel for Respondent No.2 : SRI KOTESWARA RAO MUMMANENI The Court made the following ORDER : APHC010325802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5332/2024 Between: J. Subramanyam Naidu and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.V HIMABINDU Counsel for the Respondent/complalnant(S): 1. KOTESWARA RAO MUMMANENI 2. KOTESWARA RAO MUMMANENI 2. PUBLIC PROSECUTOR 2 I.A.Nos.2 and 3 of 2025 IN/AND CRIMINAL PETITION N0.5332 of 2024 COMMON ORDER: The instant petition under Section 482 of Cr.P.C has been filed by the petitioners/Accused Nos.1, 3, 4 and 5, seeking quashment of the proceedings against them in C.C No.898 of 2020 on the file of IV Additional Judicial Magistrate of I Class, Chittoor District, for the offences under Sections 342, 365, 323, 368 of the IPC (for short ‘IPC’) read with Section 34 of the IPC. I.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.898 of 2020 on the file of IV Additional Judicial Magistrate of I Class, Chittoor District, and a joint memo has been filed. 2. 3. I.A.No.3 of 2025 has been filed by the learned counsel for the petitioners, seeking to compound the offences between the parties. 4. 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. Today, when the matter was taken up, both parties appeared before this Court. They produced their respective Aadhar cards as 5. 3 proof of their identity. The learned counsel for the petitioners and the learned counsel for the respondents identified the parties in open Court. 6. Since the parties have entered into a settlement and compromise, the Criminal Petition is allowed. Accordingly, the proceedings in C.C No.898 of 2020 on the file of IV Additional Judicial Magistrate of I Class, Chittoor District are hereby quashed. 7. Accordingly, I.A.Nos.2 and 3 of 2025 and Criminal Petition No.5332 of 2024 are allowed. As a sequel thereto, interlocutory applications pending, if any, SD/- G.HELA NAIDU ASSISTANT REGISTRAR shall stand closed. % //TRUE COPY// SECTION OFFICER To 1. The IV Additional Judicial Magistrate of I Class, Chittoor, Chittoor District. 2. The Station House Officer, Chittoor I Town District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Amaravathi [OUT] 4. One CC to Smt V Himabindu, Advocate [OPUC] 5. One CC to Sri Koteswara Rao Mummaneni, Advocate [OPUC] 6. Three CD Copies Police Station, Chittoor Pradesh, TK TAC ( Along with the Joint Compromise Memo in I.A.No.2 of 2025 No.5332 of 2024) in CRLP HIGH COURT DATED:08/05/2025 ( ORDER I.A.Nos.2 & 3 of 2025 in CRLP No.5332 of 2024 and;^^ * H M.J025 mj. ^ . Current Seciion ALLOWING THE I.A.Nos.2 & 3 of 2025 AND ALLOWING THE CRIMINAL PETITION ft\ Memorandum of Compromise petition (filed Under Sec. 359& Sec. 528 of BNSS) IN THE HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI, CRL.P.No. 5332 of 2024 ' Between: 1. J.Subramanyam Naidu, S/o. Chengamm Naidu, aged about 65 years, Occ: Cultivation, R/o. Padmapuram Village, Pulluru Post, S.R.Puram Mandal, Chittoor District. 2. Mahendra @ Madhu, S/o.Lokanatham Naidu, aged abou 42 years, Occ: Private Service, R/o. MarripalliVillage, Pulluru Post, S.R.Puram Mandal, Chittoor District. 3. Reena, W/o. Madhu, aged about 36 years, Occ: Housewife, R/o. MarripalliVillage, Pulluru Post, S.R.Puram Mandal, Chittoor District. 4. Gudivada Venkattadri Naidu, S/o. G.Chinnabba Naidu, aged about 42 years, Occ: Cultivation, R/o. Eguva Kamma Kandriga Village Pulluru Post, S.R.Puram Mandal, Chittoor District. .. .Petitioners/Petitioners/ Accused No.l,3,4&5 AND l.The State of Andhra Pradesh thro’ Sub Inspector, Chittoor I Town Police Station Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi 2. S.Sukumar Naidu, S/o. S.Krishnama Naidu, aged about 58 years, Occ: Cultivation, R/0.H.N0.19-201, Jailkhana Veedi,Mittoor, Chittoor Town and District .. .Respondents/Respondents JOINT MEMO. OF COMPROMISE FILED ON BEHALF OF THE PETITIONER’S ACCUSED AND THE 2"^RESPONDENT nd It is submitted that basing on the complaint given by the 2 Respondent/Defacto complainant, Crime No.408 of 2020 of Chittoor I Town Police Station after filing of Charge sheet the same was numbered as C.C. No. 898 of 2020 on the file of the Court of IV Addl. Judicial Magistrate of P' Class, Chittoor for the offences punishable Under Sections 342, 365, 323, 368 IPC r/w. 34 of IPC. \ ::2;: 2. It is submitted that the petitioners herein have filed the above petition i.e., Crl.P.No.5332 No. 898 of 2020 quash proceedings in above C.C. ' -ItidiciaJ Magistrate of of2024 seeking to quash onthe-fiJe of the Court ofIV Addl^ Class, Chittoor and the same is pending. In viview of the Compromise both bJe Court for quashing on the file of the Court parties have moved the an application before this Hon’ the proceedings in C.C. No. of 898 of 2020 . I ' Class, Chittoor si Judicial Magistrate of of IV Addl. since the disputes were settled outside the Court. 3. It is submitted sides the matter parties the 2"‘^ of 2020 on the file Chittoor. guidelines i sec 290 and Gian compoundable. that later at the Intervention of the elders on of the both per the compromised between as settled amicably and w as the respondent herein have of the Court of IV Addl. Though the Offences no objection to quash the C.C. No. 898 Judicial Magistrate of C' Class are not compoundable i State ofMaharasht m \iew of the in Anitha Martia Dias Vs. Sing’s case, ra reported in 2018(3) even non compoundable offence can be The Petitioners and 2 may be pleased nd Respondent herein prays that this Hon’ble Court between the Parties for 368 IPC r/w. 34 of IPC i of IV Addl. Judicial - Settlement of to Record the Compromise Offences punishable Under the Sections 342, 365, 323, on the file of the Court C.C. C.C. No. 898 Magistrate of 1 in of 2020 Class, Chittoor by taking consideration ofthe 0 :;3;: Dispute between the Parties outside the Court and to Quash the same and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Place: Amaravathi, Dated: v- VVv'— Counsel for the Petitioners, -08-2024 y (J.Subramanyam Naidu) Respondent (S.Sukumar Naidu), Petitioners:!) / - W 2 (MhlienSra @ Madhu) 3 (Reena), 4 \Q _ (Gudivada Venkattadri Naidu) A Counsel for 2 Respondent Counsel for Petitioners