APHC010341862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7331 OF 2025 Between: 1. Vatambeti Chengal Rao, S/o. Subbaramaiah, Age 40 years, Vavilla Doruvu Village, Kota Mandal, Tirupati District. 2. Ingilala Ramaiah, S/o Chinna Venkataiah, Age 42 years, Siddavaram Village, Kota Mandal, Tirupati District. 3. Rayapu Subba Rao, S/o Krishnaiah, Age 35 years, Siddavaram Village, Kota Mandal, Tirupati District. 4. Ingitala Venkata Rathnam, S/o Venkateswarlu, Age 35 Siddavaram Village, Kota Mandal, Tirupati District. 5. Rayapu Naga Raju, S/o Subbaiah, Age 38 years, Siddavaram Village, Kota Mandal, Tirupati District. 6. Pindi Venkata Krishnaiah, S/o Jaya Ramaiah, Age 42 Siddavaram Village, Kota Mandal, Tirupati District. 7. Rayapu Gopalaiah, S/o Vuyyalaiah, Age 50 years, Vavilladoruvu Village, Kota Mandal, Tirupati District. 8. Pindi Venkata Ramanaiah, S/o Krishnaiah, Age 35 years, Siddavaram Village, Kota Mandal, Tirupati District. 9. Ingilala Venkateswarlu, S/o Venkateswarlu, Age 55 years, Siddavaram Village, Kota Mandal, Tirupati District. years. years. ...PETITIONERS/ ACCUSED NOS. 1 TO 7, 9 & 10 AND 1. The State of Andhra Pradesh, Rep by its Public Prosecutor of Andhra Pradesh, Amaravati Kota, Police Station, Tirupati District. High Court Through The Station House Officer ...RESPONDENT/COMPLAINANT Age; 45 years, Govindapalli 2. Nellipudi Bujjamma, W/o. Venkateswarlu, Village, Kota mandal, Tirupati District. ...RESPONDENTAAICTIM 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 quash the 2013 on the file of the Judicial Magistrate of First Class the conviction and sentence order dated proceedings in C.C. No. 35 of Kota and to set-aside 06.06.2018 passed in C.C. No. 35 of 2013 on the file of the Judicial Petitioners/ Accused Nos. Magistrate of First Class, Kota as the 1 to 7, 9 &10 and the Respondent 2A/ictim compromised. lA NO: 2 OF 207.*^ Petition under Section 320 (6) R/w Section 482 of Cr.P.C, praying that in e circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit to 35 of 2013 on the file of the Judicial Magistrate of First compromise the case in C.C. No. Class, Kota. iA NO: 3 OF 2n7.<^ Petition under Section 320 R/w Section 482 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 to quash the on the file of the Judicial Magistrate of proceedings in C.C. No. 35 of 2013 First Class, Kota and to set-aside the i 06.06.2018 passed in C.C. No. 35 of 2013 conviction and sentence order dated on the file of the Judicial Magistrate of First Class, Kota as the Petitioners/Accused Nos. 1 to 7, 9 & 10 and the Respondent 2A/ictim compromised. / / Counsel for the Petitioners : SRI KAMBHAMPATI RAMESH BABU ADVOCATE Counsel for Respondent No.1 : THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. Counsel for Respondent No.2 : SRI T.S.N.SUDHAKAR, ADVOCATE The Court made the following ORDER : APHC010341862025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PI^ESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.N0S.I & 2 of 2025 [3396] IN/AND CRIMINAL PETITION NO: 7331/2025 Between: 1.VATAMBETI CHENGAL RAO, S/0 SUBBARAMAIAH, AGE 40 YEARS VAVILLA DORUVU^VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. 2.INGILALA RAMAiAH, S/O CHINMA VENK/JAIAH, AGE 42 YEARS SIDDAVARAM VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. 3.RAYAPU SUBBA RAO, S/G KRISNNAIAH, AGE 35 YEARS SIDDAVARAM VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. 4.INGITALA VENKATA RATHNAM,, S/0 VENKATESWARLU, AGE 35 YEARS SIDDAVARAM VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. 5.RAYAPU NAGA RAJU, ;S/0 SUBBAiAH, AGE 38 YEARS SIDDAVARAM VILLAGE,^KOTA VANDAL, TIRUPATI DISTRICT. 6.PINDI VENKATA KRISHNaIaH, S/0 JAYA RAMAIAH, AGE 42 YEARS SIDDAVARAM VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. 7.RAYAPU GOPALAJAH, S/O VLIWALAIAH, AGE 50 YEARS VAVILLADORUVU VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. S.PiND! VENKATA RAMANAIAH, S/O KRISHNAIAH, AGE 35 YEARS SIDDAVARAM VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. 9.INGILALA VENKATESWARLU, S/O VENKATESWARLU, AGE 55 YEARS SIDDAVARAM VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. ...PET3T[ONER/ACCySED(S| AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR AMARAVATI HIGH COURT OF ANDHRA PRADESH. THROUGH THE STATION HOUSE OFFICER \ 2, KOTA, POLICE vSTATION, TIRUPATI DISTRICT. 2.NELLIPUD! BUJJAMMA, W/0,VENKATESWARLU YEARS, GOVINDAPALLI VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. AGE. 45 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1.KAMBHAMPATI RAMESH BABU L Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2.TSNSUDHAKAR The Court made the following: COMMON ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners / Accused No.1 To 7, 9 and 10, seeking to set aside the h'! A judgment of conviction dated 06.06.2018 in C.C.No.35 of 2013 on the file of the Court of Judicial Magistrate of First Class, Kota for the offences under Sections 147, 148, 324 and 427 read with 149 IPC. 2. I.A.No.1 of 2025 is filed by Respondent No.2/Complainant under Section 320(2) of Cr.P.C., seeking permission to compromise the case in C.C.No.35 of 2013 on the file of the Court of Judicial Magistrate of First Class, Kota. 3. I.A.No.2 of 2025 is filed by the Respondent No.2/Complainant under Section 320(6) seeking to record the compromise in terms of the joint memo filed by both parties and to acquit the Petitioners. ‘ii.- 3 4. Petitioners / Accused Nos.1 to 6, 9 and 10 and Respondent No.2 appeared before this Court and were identified by their respective learned counsel. Accused No.7 is absent. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. Learned counsel for the Petitioners would submit that, the 5. Petitioners preferred Criminal Appeal No.196 of 2018 on the file of the Court District and Sessions Judge, Nellore against the judgment of conviction and sentence dated 06.06.2018 in C.C.No.35 of 2013 on the file of the Court of Judicial Magistrate of First Class, Kota. Learned counsel would further submit that, since the offence under Section 324 IPC is not compoundable, the Appellate Court, where the matter is pending, cannot record the compromise in this mater. Learned counsel prays to allow the petition by exercising the inherent jurisdiction under Section 528 of BNSS. 6. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 7. Respondent No.2 submits that, at the intervention of elders and well-wishers of both parties, with a view to live peacefully without any disputes, they compromised the matter and hence, the case may be closed. 4 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, I.A.Nos.1 and 2 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the impugned judgment of conviction dated 06.06.2018 in C.C.No.35 of 2013 on the file of the Court of Judicial Magistrate of First Class, Kota, is hereby set aside. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. i; 1 2012{10)SCC 303 SD/- M.SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Kota Police Station, Tirupati District. One CC to Sri Kambhampati Ramesh Babu, Advocate [OPUC] One CC to Sri T.S.N.Sudhakar, Advocate [OPUC] Two CC’s to the Public Prosecutor, High Court of A.P. at Amaravathi [OUT] Two CD Copies GPC TAC 2. 3. 4. 5. HIGH COURT DATED: 22/07/2025 ORDER CRLP NO. 7331 OF 2025 ALLOWING THIS CRIMINAL PETITION