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2025 DAILYLAW 23521 (AP)

PAPPALA LOVARAJU @ CHANTI v. THE STATE OF ANDHRA PRADESH

CRLP/7451/2025 · 2025-07-15

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010331832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0.^ WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 7451 OF 202fi PRATAPA Between: 1. Pappala Lovaraju @ Chanti, S/o Dongababu Turpu Kapu by caste, Irripaka Village, Jaggampeta Mandal District 2. Pappala Appanna @ Bujji, S/o Dongababu, Turpu Kapu by caste, Irripaka Village, Jaggampeta District Aged about 27 years, , Kakinada , Aged about 34 years, 1 Mandal, Kakinada 3. Gattu Yedukondalu, S/o Nagasuri, Aged about 37 years, Turpu Kapu by caste, Irripaka Village, Jaggampeta Mandal 4. Kotamsetti Vijay @ Jagan, S/o Atchiraju, Aged about 42 years, Kapu by caste, Irripaka Village, Jaggampeta Mandal, 5. Magapu Ramakrishna, S/o Subbaraju, Aged about Kakinada District Kakinada District 42 years, Kapu by caste, Irripaka Village, Jaggampeta Mandal, Kakinada District 6. Kallapalli Sambasiva @ Shiva, S/o Mutyam, Aged about 26 years. Rajaka by caste, Irripaka Village, Jaggampeta District Mandal, Kakinada 7. Maddala Kasiviswanath, S/o. Ramulu, Aged about 38 years, Turpu Kapu by caste, Irripaka Village, Jaggampeta Mandal, 8. Uggina Babji, S/o Ramu, Aged about 28 Kakinada District years, Turpu Kapu by caste Irripaka Village, Jaggampeta Mandal, Kakinada District %/ !■ 9. Jyothula Jayababu, S/o Reddaih, Aged about 35 years, Kapu by caste, Irripaka Village, Jaggampeta Mandal Kakinada District lO.Kanda Veera Venkata Satyanarayana @ Sathibabu, S/o Veerababu, Aged about 32 years, Kapu by caste, Irripaka Village, Jaggampeta Mandal, Kakinada District H.Basava Surya Prakasha Rao @ Chinababu, S/o Veerabhadra Rao, Aged about 49 years, Kapu by caste, Irripaka Village, Jaggampeta Mandal, Kakinada District 12. Jyothula Naga Venkata Satya Gurraju @ Babji @Babi, S/o Veerabhadra Rao, Aged about 43 years, Kapu by caste, Irripaka Village, Jaggampeta Mandal, Kakinada District IS.Munagala Appalaraju, S/o Nagabhushanarao, Aged about 40 years, Kapu by caste, Irripaka Village, Jaggampeta Mandal, Kakinada District 14.Magapu Srinivasa @ Venkanna, S/o Parameswara Rao, Aged about 23 years, Kapu by caste, Irripaka Village, Jaggampeta Mandal Kakinada District 15.Magapu Srinu, S/o Nagabhushanam, Aged about 45 years, Kapu by caste, Irripdka Village, Jaggampeta Mandal, Kakinada District ...Petitioners/Accused AND 1. The State of Andhra Pradesh, Rep. by SHO, Jaggampeta PS, Through Public prosecutor of AP High Court Velagapudi, Guntur District. 2. Masa Bhushana Rao, S/o Mulaswamy, aged about 21 years, Mala by caste, SC peta, irripaka Village, Jaggampeta Mandal, Kakinada District ...Respondents 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 to accord permission to record and quash the proceedings in S.C. No. 9 of 2019 on the file of Special Judge SC/ST & POA Act, Rajamahendravaram. lA NO: 1 OF 2025 Petition .under Sections 359(6) of BNSS, (old 320(6) Cr.P.C))r/w 528 BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to accord permission to record and quash the proceedings in S.C. No. 9 of 2019 on the file of Special Judge SC/ST & POA Act, Rajamahendravaram. lA NO: 2 OF 2025 Petition under Sections 359(6) of BNSS, (old 320(6) Cr.P.C))r/w 528 BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record compromise and quash the proceedings in SC. No. 9 of 2019 on the file of Special Judge SC/ST & POA Act, Rajamahendravaram. lA NO: 3 OF 2025 Petition under Sections 359(6) of BNSS, (old 320(6) Cr.P.C))r/w 528 BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to compound the offence with respondents 1 and 2 in crime No. 157 of 2018 of Jaggampeta PS and pending adjudication on the file of Special Judge SC/ST & POA Act, Rajamahendravaram and quash the proceedings against the respondents. lA NO: 4 OF 2025 Petition under Section 359(6) of BNSS, (old 320(6) Cr.P.C))r/w 528 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 relation to the SC. No. 9 of 2019 on the file of Special 7 / >v Judge SC/ST & POA Act-cum-X Additional District & Sessions Judge Rajamahendravaram. Counsel for the Petitioners: Sri R.K.Acharyulu, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: Sri Shaik Altaf, Advocate The Court made the following order: w % 1 APHC010331832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA LA.Nos.1,2 and 3 of 709^ [0] JYOTHIRMAI PRATAPA In/and CRIMINAL PETITION NO: 745l/?n9g: Between: 1. PAPPALA LOVARAJU @ CHANTI, S/0 PONGABABU 27 YEARS, TURPU KAPU BY CASTE [ JAGGAMPETA MANDAL, KAKINADA DISTRICT dongababu, aged about 34 YEARS, TURPU KAPU BY CASTE JAGGAMPETA MANDAL, KAKINADA DISTRICT AGED ABOUT IRRIPAKA VILLAGE, IRRIPAKA VILLAGE, 3. GATTU YEDUKONDALU, years, TURPU KAPU S/0 NAGASURI, AGED ABOUT 37 JAGGAMPETA MANDAL, KAKINADA DISTRICT VILLAGE, ^ ® JAGAN,, S/0 ATCHIRAJU, aged ABOUT 42 YEARS, KAPU BY CASTE, IRRIPAKA VILLAGE JAGGAMPFTA MANDAL, KAKINADA DISTRICT JAGGAMPETA 5. MAGAPU RAMAKRISHNA, YEARS, KAPU BY CASTE, MANDAL, KAKINADA DISTRICT S/O SUBBARAJU AGED ABOUT 42 IRRIPAKA VILLAGE, JAGGAMPETA 6. KALLAPALLI SAMBASIVA @ SHIVA RAJAKA S/O MUTYAM AGED ABOUT IRRIPAKA 26 YEARS, BY CASTE, VILLAGAEJAGGAMPETA MANDAL,KAKINADA DISTRICT 7. MADDALA KASIVISWANATH, YEARS, TURPU KAPU S/O RAMULU, AGED ABOUT 38 BY CASTE, IRRIPAKA VILLAGE 2 JAGGAMPETA MANDAL, KAKINADA DISTRICT AGED ABOUT 28 YEARS, TURPU 8. UGGINA BABJI,, S/0 RAMU KAPU BY CASTE, IRRIPAKA VILLAGE, JAGGAMPETA MANDAL KAKINADA DISTRICT 9. JYOTHULA JAYABABU,, S/0 REDDAIH, AGED ABOUT 35 YEARS, KAPU BY CASTE, IRRIPAKA VILLAGE, JAGGAMPETA MANDAL KAKINADA DISTRICT 10.KANDA VEERA VENKATA SATYANARAYANA @ SATHIBABU,, S/0 VEERABABU, AGED ABOUT 32 YEARS, KAPU BY CASTE, IRRIPAKA VILLAGE, JAGGAMPETA MANDAL, DISTRICT KAKINADA 11.BASAVA SURYA PRAKASHA RAO @ CHINABABU, S/0 VEERABHADRA RAO, AGED ABOUT 49 YEARS, KAPU BY CASTE, IRRIPAKA VILLAGE, JAGGAMPETA MANDAL, DISTRICT KAKINADA 12.JYOTHULA NAGA VENKATA SATYA GURRAJU @ BABJI @BABI„ S/0 VEERABHADRA RAO, AGED ABOUT 43 YEARS, KAPU BY CASTE, IRRIPAKA VILLAGE, JAGGAMPETA MANDAL, KAKINADA DISTRICT 13.MUNAGALA APPALARAJU,, S/0 NAGABHUSHANARAO, AGED ABOUT 40 YEARS, KAPU BY CASTE, IRRIPAKA VILLAGE, JAGGAMPETA MANDAL, KAKINADA DISTRICT 14.MAGAPU SRINIVASA @ VENKANNA,, S/0 PARAMESWARA RAO AGED ABOUT 23 YEARS. KAPU BY CASTE, IRRIPAKA VILLAGE JAGGAMPETA MANDAL KAKINADA DISTRICT 15.MAGAPU SRINU,, S/0 NAGABHUSHANAM, AGED ABOUT 45 YEARS. KAPU BY CASTE. IRRIPAKA VILLAGE, JAGGAMPETA MANDAL, KAKINADA DISTRICT ...PETITIONER/ACCUSED{S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY SHO, JAGGAMPETA PS, THROUGH PUBLIC PROSECUTOR OF AP HIGH, COURT VELAGAPUDI. GUNTUR DISTRICT. % 3 / 2.MASA BHUSHANA RAO, S/0 MULASWAMY AGED mala by caste, sc PETA RRIPAKi JAGGAMPETA MANDAL, KAKINADA DISTRICT Counsel for the Petifioner/accused(S): 1.R K ACHARYULU Counsel for the 1.PUBLIC PROSECUTOR 2.SHAIKALTAF ABOUT 21 - VILIKIGE YEARS, Respondent/complainant(S): 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1.2 and 3 of 2025 In/and CRIMINAL PETITION NO: 7451/2025 COMMON ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/ under Section 528 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for short ‘BNSS act’), has been filed by the Petitioners/Accused Nos.1 to 15, seeking quashment of the proceedings against them in S.C.No.09 of 2019 on the file of Special Judge SC/ST & POA Act cum X Additional District & Sessions Judge, Rajamahendravara m in connection with FIR No.157 of 2018, for the offences punishable under Sections 147, 148, 324 r/w 149 of IPC and Sections 3(1)(r)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. I.A.No.l of 2025 is filed by the respondent No.2/defacto complainant under Section 359(6) read with 528 of BNSS, seeking permissions to record the compromise and quash the S.C.No.09 of 2019 on the file of Special Judge SC/ST & POA Act cum X Additional District & Sessions Judge, Rajamahendravaram. 2. 3. I.A.No.2 of 2025 is filed by the respondent No.2/defacto complainant under Section 359(6) read with 528 of BNSS, seeking to record compromise and quash the case in S.C.No.09 of 2019 on the file of Special Judge SC/ST & POA Act cum X Additional District & Sessions Judge, Rajamahendravaram. 5 4. I A.No.S of 2025 i under Section 359(6) offence in Crime No. 's filed by the respondent No.2/defacto seeking to complainant read with 528 of BNSS compound the 157of2018ofJaggampeta PS. 5. Both the parties respective learned respective counsel appeared before this Court counsel. Copies of their are filed for and were identified by their Aadhar cards attested by their proper identification. 6. Ms. K. Priyanka Lakshmi State is in attendance and This Court (earned Assistant Public reported no objection to Prosecutor for the record the compromise complainant about his 7. enquired the defacto willingness to enter into compromise in the matter. He ''Oluntarily come forward represented before the Court that he has for the compromise. (^e further represented that petitioners. He under misconception of facts, represented that he will this case iIS lodged against the return the received further compensation amount of only) to the State - grievance in the Rs.1,58,000/- (Rupees One Lakh within a period of R'% Eight Thousand one month and he will in the future. Defaoto not re-agitate the ori present case i complainant further accused. He does represented that not want to case may be closed against the prosecute the matter. 8. Sri R.K. both parties have them. Now the memo to that effect. Acharyulu, learned compromised and counsel for petitioners settled their would submit that previous disputes between parties are intending to compromise the i'ssue and filed a joint 6 9. Considering the submissions and in the light of the judgment of the Hon'ble Apex Court in Gian Singh vs. State of Punjab and another', since there is an amicable settlement between the l-A.Nos.l, 2 and 3 of 2025 parties, in the interest of justice are allowed. Consequently, the Criminal Petition allowed and the case against the Petitioners in in S.C.No.09 of 2019 IS on the cum X Additional District & Sessions in connection with FIR No.157 of 2018, is hereby file of Special Judge SC/ST & POA Act Judge, Rajamahendravaram i quashed. As a sequel thereto, miscellaneous petitions pending, if any, shaii stand closed. 1 \ 2012(10) see 303 Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Special Judge SC/ST & POA Act-cum-X Additional District & Sessions Judge, Rajamahendravaram, East Godavari District. 2. The Station House Officer, Jaggampeta Police Station District. 3. One CC to Sri R.K.Acharyulu, Advocate [OPUC] 4. One CC to Sri Shaik Altaf, Advocate [OPUC] 5. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 6. Three CD Copies East Godavari GPC NM ^ \ \ HIGH COURT \ DATED: 16/07/2025 ORDER CRLP NO. 7451 OF 2025 ALLOWING THIS CRIMINAL PETITION