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2025 DAILYLAW 24011 (AP)

Kurapati Srinivasarao v. The State of Andhra Pradesh

CRLP/7073/2025 · 2025-07-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010338882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.NO.I AND 2 OF 2025 IN/AND CRIMINAL PETITION NO: 7073 OF 2025 Common C.T. in I.A.NO.I AND 2 OF 2025 Between: Jitta Babu Rao @ Babu, S/o Lurdhu Raju, age 39 years, R/o SC Colony, Ikkurru Village, Narasaraopet Mandal, Palnadu District. ...PETITIONER/RESPONDENT/DEFACTO COMPLAINANT AND 1. The State of Andhra Pradesh, Rep by the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENT 2. Kurapati Srinivasarao, S/o. Narasaiah, age 60 years, R/o Ikkurru Village, Narasaraopet Mandal Palnadu District, Andhra Pradesh. 3. Kolli Venkateswarlu, S/o. Narasimhulu, age 58 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. 4. Gottimukkala Srinivasa Rao @ Vasu, S/o. Sambasiva Rao @ Sambaiah, age 48 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. 5. Talluri Srinivasarao, S/o. Pedda Narasimharao, age 53 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. 6. Kurapati Midhun Chowdary @ Nani, S/o. Srinivasarao, age 29 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. Presently residing at 3865, Oxford Park, LN, Gumming, Georgia, United States of America, Rep., by his Power of Attorney Holder and Father, Kurapati Srinivasarao, S/o Narasaiah, age 60 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. 7. Kolli Naresh Krishna Chowdary @ Naresh, S/o. Venkateswarlu, age 38 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. 8. Kurapati Venkateswarlu, S/o. Krishna Rao, age 42 years, R/o Ikkurru Village, Narasaraopet Mandal Palnadu District, Andhra Pradesh. 9. Kurapati Veeranjaneyulu, S/o. Krishna Rao, age 39 years, R/o Ikkurru Village, Narasaraopet Mandal Palnadu District, Andhra Pradesh. ...RESPONDENTS/PETITIONERS/ACCUSED 1 TO 8 lA NO: 1 OF 2025 Petition under Section 360 of BNSS Act r/w 528 of BNSS Act under Section 320 (6) r/w 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 permit the petitioners to compound case in SC.No.37/s/2020 on the file of Hon’ble IV Additional District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur and record the compromise and to quash the proceedings against the petitioners/ accused in SC.No.37/s/2020 on the file .mm. m of Hon’ble IV Additional District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur. lA NO: 2 OF 2025 Petition under Section 360 of BNSS Act r/w 528 of BNSS Act under Section 320 (2) r/w 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 record the compromise and quash the proceedings against the respondent Nos.2 to 9/ accused in SC.No.37/s/2020 on the file of Hon’ble IV Additional District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur for the offences under sections 323, 506 r/w 34 IPC & 3(1 )(r), 3(1 )(s), 3(1) (O), 3(2)(va) SC/ST (POA) amendment Act-2015. (Along with Compromise Petition) CRIMINAL PETITION NO: 7073 OF 2025 BETWEEN: 1. Kurapati Srinivasarao, S/o Narasaiah, age 60 years, R/o Ikkurru Village, Narasaraopet Mandal Palnadu District, Andhra Pradesh. 2. Kolli Venkateswarlu, S/o Narasimhulu, age 58 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. 3. Gottimukkala Srinivasa Rao @ Vasu, S/o Sambasiva Rao @ Sambaiah, age 48 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. 4. Talluri S rinivasarao, S/o Pedda Narasimharao, age 53 years, R/o Ikkurru Village, Narasaraopet Mandal Pradesh. Palnadu District, Andhra 5. Kurapati Midhun Chowdary @ Nani, S/o Srinivasarao, age 29 years R/o Ikkurru Village, Narasaraopet Mandal, Pradesh. Presently residing at 3865, Oxford Park Palnadu District, Andhra LN, Gumming, Georgia, United States of America, Rep., by his Power of Attorney Holder and Father, Kurapati Srinivasarao, S/o Narasaiah, age 60 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. 6. Kolli Naresh Krishna Chowdary @ Naresh, S/o Venkateswarlu, age 38 years, R/o Ikkurru Village, Narasaraopet Mandal, Palnadu District, Andhra Pradesh. 7. Kurapati Venkateswarlu, S/o Krishna Rao, age 42 years, R/o Ikkurru Village, Narasaraopet Mandal Palnadu District, Andhra Pradesh. 8. Kurapati Veeranjaneyulu, S/o Krishna Rao, age 39 years, R/o Ikkurru Village, Narasaraopet Mandal Palnadu District, Andhra Pradesh. ...PETITIONERS/ACCUSED NOS.A1 TO A8 AND 1. The State of Andhra Pradesh, Rep by the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. RESPONDENT 2. Jitta Babu Rao @ Babu, S/o Lurdhu Raju, age 39 years. Colony, Ikkurru Village, Narasaraopet Mandal, Palnadu District. R/o SC ...RESPONDENTS/DEFACTO COMPLAINANT 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 record the compromise and quash the SC.N0.37/S/202O on the file of Hon’ble IV Additional District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur registered against the petitioners for the offences punishable under sections 323, 506 r/w 34 IPC & 3(1 )(r), 3(1 )(s), 3(1) (O), 3(2)(va) SC/ST (POA) amendment Act-2015. lA NO: 3 OF 2Q2fi 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 High Court may be pleased to grant stay of all further proceedings against the petitioner/ accused in SC.No.37/S/2020 on the file of Hon’ble IV Addl. District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur registered against the petitioners pending disposal of the criminal petition in the interest of justice. Counsel for the Petitioners the : SRI. V.V. LAKSHMI NARAYANA Counsel for the Respondents : SRI. NAMRATHA CHOUDARY P Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following COMMON ORDER : APHC010338882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 and 2 of 2025 IN/AND CRIMINAL PETITION NO: 7073/2025 Between; 1.KURAPATI SRINIVASARAO,, S/0 NARASAIAH, AGE 60 YEARS, R/0 IKKURRU VILLAGE, NARASARAOPET MANDAL PALNADU DISTRICT, ANDHRA PRADESH. 2.KOLLI VENKATESWARLU,, S/0 NARASIMHULU, AGE 58 YEARS, R/0 IKKURRU VILLAGE, NARASARAOPET MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 3.GOTTIMUKKALA SRINIVASA RAO @ VASU„ S/O SAMBASIVA RAO @ SAMBAIAH, AGE 48 YEARS, R/0 IKKURRU VILLAGE, NARASARAOPET MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 4.TALLURI SRINIVASARAO,, S/O PEDDA NARASIMHARAO, AGE 53 YEARS, R/0 IKKURRU VILLAGE, NARASARAOPET MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 5.KURAPATI MIDHUN CHOWDARY @ NANI,, S/O SRINIVASARAO, AGE 29 YEARS, R/0 IKKURRU VILLAGE, NARASARAOPET MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. PRESENTLY RESIDING AT 3865, OXFORD PARK, LN, GUMMING, GEORGIA, UNITED STATES OF AMERICA, REP, BY HIS POWER OF ATTORNEY HOLDER AND FATHER, KURAPATI SRINIVASARAO, S/O NARASAIAH, AGE 60 YEARS, R/0 IKKURRU VILLAGE, NARASARAOPET MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 6.KOLLI NARESH KRISHNA CHOWDARY @ NARESH, S/O VENKATESWARLU, AGE 38 YEARS, R/O IKKURRU VILLAGE, 2 "A NARASARAOPET MANDAL, PALNADU DISTRICT, ANDHRA PRADESH. 7.KURAPATI VENKATESWARLU,, S/0 KRISHNA RAO, AGE 42 YEARS, R/0 IKKURRU VILLAGE, NARASARAOPET MANDAL PALNADU DISTRICT, ANDHRA PRADESH. 8.KURAPATI VEERANJANEYULU S/0 KRISHNA RAO, AGE 39 YEARS, R/0 IKKURRU VILLAGE, NARASARAOPET MANDAL PALNADU DISTRICT, ANDHRA PRADESH. ) j ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY THE PUBLIC PROSECUTOR AMARAVATI. HIGH COURT OF ANDHRA PRADESH AT 2.JITTA BABU RAO BABU, S/0 LURDHU RAJU, AGE 39 YEARS, R/0 SC COLONY, IKKURRU VILLAGE, NARASARAOPET MANDAL, PALNADU DISTRICT. ...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 Courtmay be pleased to record the compromise and quash the SC.No.37/S/2020 on the file of Hon’ble IV Addl. District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur registered against the petitioners for the offences punishable under sections 323, 506 r/w 34 IPC & 3(1 )(r), 3(1 )(s), 3(1) (O), 3(2)(va) SC/ST (POA) amendmentAct-2015 and to pass 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 may be pleased to permit the petitioners to compound case in SC.No.37/s/2020 on the file of Hon’ble IVAddl. District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur and record the compromise and to quash the proceedings against the petitioners/ accused in SC.No.37/s/2020 on the file of Hon’ble IVAddl. District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur, in the interest of justice and to pas lA NO: 2 OF 2025 3 0 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 may be pleased to record the compromise and quash the proceedings against the respondent Nos.2 to 9/ accused in | SC.No.37/s/2020 on the file of Hon’ble IV Addl. District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur for the offences under sections 323, 506 r/w 34 IPC & 3(1 )(r), 3(1 )(s), 3(1) (O), 3(2)(va) SC/ST (POA) amendment Act-2015 and to 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 may be pleased to grant stay of all further proceedings against the petitioner/ accused in SC.No.37/S/2020 on the file of Hon’ble IV Addl. District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur registered against the petitioners pending disposal of the criminal petition in the interest of justice and to pass Counsel for the Petitioner/accused(S): 1 .V V LAKSHMI NARAYANA Counsel for the Respondent/complainant{S): 1. NAMRATHA CHOUDARY P 2. PUBLIC PROSECUTOR The Court made the following: 4 ✓ THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.l and 2 of 2025 IN/AND CRIMINAL PETITION NO: 7073 of 2025 COMMON ORDER: The instant Criminal Petition under Section 482 of the Criminal Procedure Code, 1973 has been filed by the Petitioners/Accused Nos.1 to 8 seeking to quash the proceedings against them in S.C.No.37/S/202 0 on the file of the IV Additional District and Sessions Court-cum-Specia l Sessions Court for SC/ST cases, Guntur, for the offences punishable under Sections 323, 506 r/w 34 of the Indian Penal Code & 3(1 )(r), 3(1 )(s), 3(1 )(o), 3(2)(va) of SC/ST (POA) Amendment Act, 2015. 2. 2. I.A. No.1 of 2025 is filed by the Petitioner/Respondent No.2/De-facto Complainant seeking to record compromise and quash the case in S.C.N0.37/S/2020 on the file of the IV Additional District and Sessions Court- cum-Special Sessions Court for SC/ST cases, Guntur. 3. I.A. No.2 of 2025 is filed by the Petitioner/Respondent Ho.2/De-facto Complainant seeking permission to compromise the case in S.C.N0.37/S/2020 on the file of the IV Additional District and Sessions Court- cum-Special Sessions Court for SC/ST cases, Guntur. 4. Heard both the learned counsel representing both parties. 5. Defacto-Complainant, Respondent No.2/Accused Nos.1 to 4, 6 to 8 appeared before this Court. Accused No.5 appeared through video 5 conference. Both parties are identified by their respective counsel. Attested copies of their Aadhar cards are filed. 6. Learned Additional Public Prosecutor takes notice on behalf of the State. 7. Defacto-Complainant/Respondent No.2 represented that he is willing to compound this offence. He is willing to enter compromise in this matter, since all the accused are his villagers. They never scolded him touching the caste. Defacto-Complainant further represented that in case he received compensation amount from the Government, he is ready to return that amount within a period of two (02) months from this day. Copy of this order be marked to the District Collector for taking necessary steps in this matter. 8. 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 parties, in the interest of justice. I.A.Nos.1 and 2 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case against the Petitioners/Accused Nos.1 to 8 in S.C.N0.37/S/202O on the file of the IV Additional District and Sessions Court- cum-Special Sessions Court for SC/ST cases, Guntur, is hereby quashed. 1 2012(10)SCC 303 6 r As a sequel thereto, miscellaneous petitions pending, if any, shall stand SD/- K.TATARAO DEPUTY REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The IV Additional District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur. 2. One CC to SRI. V V LAKSHMI NARAYANA, Advocate [OPUC] 3. One CC to SRI. NAMRATHA CHOUDARY P, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi. [OUT] 5. Two C.D Copies. at SSL TAC (Along Compromise Petition vide Separate Sheet) HIGH COURT DATED:18/07/2025 COMMON ORDER I.A.N0.1 AND 2 OF 2025 IN/AND CRLP NO. 7073 OF 2025 31 JUL 2025 rentSectioii/^5' <9\ CRIMINAL PETITION IS ALLOWED. KurapatiVenkateswarlu, S/o Krishna Rao, age 42 vear^ Mandal Pradesh. 8. S o Krishna Rao, age 39 years p-rssr;s,^;ngtr--- Mandal, Pradesh. - Respondents/Pet,Honers/Accused gOMPROMiSE petitiom 1 to 8 1- It is respectfully submitted that a report to the Station House which a crime No. 173 on 12.04.2019. the petitioner herein PS. basing accused for the gave Officer, Narasaraopet Rural of 2019 was registered against the 3(1) (O) arou . ""'^®^"®'=‘'°'''®323,506r/w34 ' ) ' (POA) amendment Act police investigated the Hon'ble IVAddl. District for SC/ST Cases on offences punishable IPO&3(1)(r), 3(1)(s), -2015. Thereafter the case and filed the Charge Sheet end Sessions Court on the file of cum Special Sessions Court Guntur and the learned Sessions Judge took cognizance against the on the file Hon’ble the accused for the said offences iin SC.No.37/s/2020 cum Special IV Addl. District Sessions Court for SC/ST Cases, and Sessions Court Guntur. 2. It is respectfully submitted that intervention of the well wi herein, the petitioner has r Of welfare of both sides and also to As per the said case against the steps for getting the pending of the above wishers on both sides said case due to the respondent No.2 ' ^'^'oeble settlement keeping i avoid evil atmosphere to 9 come to an in view in the village. compromise the petitioner has respondent Nos.2 to 9/accused ' aforesaid agreed to withdrav/ the and also agreed to take case quashed against the respondent W. ' Nos.2 to 9/ accused, thereby the present criminal petition filed seeking for the to quash the SC.No.37/s/2020 on the file of Hon’ble IV Addl. District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur against the respondent Nos.2 to 9/ accused. 3. It is submitted that at the intervention of the village elders the issue was settled out of the court, requesting the Hon’ble Court to quash the proceeding basing on the settlement between the parties. The settlement - ♦ is in the interest ot'the public at large. There is no undue influence or coercion in coming to the settlement. It is submitted that the parties herein filed their affidavit to support of this compromise and by stating that they have no objection to withdraw the case against the respondent Nos.2 to 9/ accused in view of the compromise affected between them. 4. I submit that the respondent Nos.2 to 9/ accused and petitioner/defacto complainant filed this petition to compound the offences and quash the proceedings against the respondent Nos.2 to 9/ accused unless this Hon’ble Court interfere and to permit them to compound the offence otherwise they would be put to grave hardship. It is therefore prayed that this Hon’ble Court may be pleased to record the compromise and quash the proceedings against the respondent Nos.2 to 9/ accused in SC.No.37/s/2020 on the file of Hon’ble IV Addl. District and Sessions Court cum Special Sessions Court for SC/ST Cases, Guntur for the offences under sections 323, 506 r/w 34 IPC & 3(1 )(r), 3(1 )(s), 3(1) (O), 3(2)(va) SC/ST (POA) amendment Act-2015 and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. ns^Pfor the petitioner Petitioner Cou I w 0 n Respondent No.2 c; lj.\j Counsel for the respondent Nos.2 to 9 Respondent No.3 Date; 06-07-2025 Place; Amaravati (jrf Respondent No.4 I c espondent No.5 Respondent No.6 <\jLj ^Re^nfent No.8 LO /u. ;e* .e: