IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA I.A No.1 & 2 of 2025 In/and CRIMINAL PETITION NO: 19 OF 2021 Between: Vanthiniba Sunil Kumar, S/o Vanthinibha Ramakrishna Rao, Hindu, aged 27 years, working as Teacher in Government Primary School situated at Pedaguda of Munchinput Mandal, Visakhapatnam residing at Santhaveedhi Village, Jarjula Panchayat, Muchangiput Mandal, Jorjula, Visakhapatnam - 31040. ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Amaravathi. ...RESPONDENT/STATE 2. Ch.Rama Prabha, W/o Vanthiniba Sunil Kumar, Hindu, aged 19 years, S T. Bhagata, Adugulaput Village, Adugulaput Panchayat, Pedabayalu Mandal, Vizag Dist (as mentioned in F.I.R) presently residing at Santhaveedhi Village, Jarjula Panchayat, Muchangiput Mandal, Jorjula, Visakhapatnam-531040 ...RESPONDENT/DEFACTO COMPLAINANT 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 quash the FIR in Crime No.28/2019, dt.17.06.2019 for the offence under Section-376(1), 417 I.P.C. a Section-5 (1) of POSCO Act, 2012 of Pedabayalu Police Station, Visakhapatnam District. I.A. NO: 2 OF 2021 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 arrest of the petitioner in Crime No. 28/2019 for the offence under section 376(1) 417 IPC and Sec. 5 (1) READ WITH Section-6 of POSCO Act, 2012 of Pedabayalu Police Station, Visakhapatnam District. I.A. NO: 1 OF 2025 Between: Ch.Rama Prabha, W/o Vanthiniba Sunil Kumar, Hindu, aged 19 years, S T. Bhagata, Adugulaput Village, Adugulaput Panchayat, Pedabayalu Mandal, Vizag Dist (as mentioned in F.1.11) presently residing at Santhaveedhi Village, Jarjula Panchayat, Muchangiput Mandal, Jorjula, Visakhapatnam- 531040 ...PETITIONER/DEFACTO COMPLAINANT AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Amaravathi. 1. Vanthiniba Sunil Kumar, S/o Vanthinibha Ramakrishna Rao, Hindu, aged 27 years, working as Teacher in Government Primary School situated at Pedaguda of Munchinput Mandal, Visakhapatnam residing at Santhaveedhi Village, Jarjula Panchayat, Muchangiput Mandal, Jorjula, Visakhapatnam - 31040. ...PETITIONERS/ACCUSED Petition under Section 320(2) 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 consequently allow Criminal Petition Vide CRLP.No.19 of 2021 pending before this Hon’ble Court the entire proceedings against the petitioners in FIR.No. 28/2019 on the file of PS Pedabayalu, Visakhapatnam District for the offence under Sections 376(1), 417 I PC and Sections 5(1) r/w Section 6, of the Protection of Children From Sexual Offences Act, 2012 *Joint compromise memo enclosed vide separate sheet LA. NO: 2 OF 2025 Between: Ch.Rama Prabha, W/o Vanthiniba Sunil Kumar, Hindu, aged 19 years, S T. Bhagata, Adugulaput Village, Adugulaput Panchayat, Pedabayalu Mandal, Vizag Dist (as mentioned in F.1.11) presently residing at Santhaveedhi Village, Jarjula Panchayat, Muchangiput Mandal, Jorjula, Visakhapatnam- 531040 ...PETITIONER/DEFACTO COMPLAINANT AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Judicature at Amaravathi. 2. Vanthiniba Sunil Kumar, S/o Vanthinibha Ramakrishna Rao, Hindu, aged 27 years, working as Teacher in Government Primary School situated at Pedaguda of Munchinput Mandal, Visakhapatnam residing at Santhaveedhi Village, Jarjula Panchayat, Muchangiput Mandal, Jorjula, Visakhapatnam - 31040. ...PETITIONERS/ACCUSED Petition under Section 320(6) 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 and 2nd respondent to compromise the proceedings and consequently quash the entire proceedings in FIR.No. 28/2019 on the file of PS Pedabayalu, Visakhapatnam District for the offence under Sections 376(1), 417 IPC and Sections 5(1) r/w Section 6, of the Protection of Children From Sexual Offences Act, 2012. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P A K Kishore, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. and Thota S.V.L.Narasimha Swamy, for the Respondent No.2 The Court made the following: ORDER 1 APHC010002322021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 19/2021 Between: Vanthiniba Sunil Kumar, ...PETITIONER/ACCUSED AND State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused: 1.P A K KISHORE Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR (AP) 2.THOTA S V L NARASIMHASWAMY The Court made the following: 2 I.A.Nos.1 & 2 of 2025 in/and Criminal Petition No.19 of 2021 ORDER: I.A.Nos.l & 2 of 2025 This Criminal Petition is filed under Section 482 of Criminal Cr.P.C.”) seeking to quash the Procedure Code (for short proceedings initiated against the petitioner/accused in Crime No.28 2019 dated 17.06.2019, Pedabayalu Police Station, of Visakhapatnam District, registered for the offences punishable under Sections 376 (1), 417 of the Indian Penal Code (for short “I.P.C.”) and Section 5 (1) read with Section 6 of the Protection of Children From Sexual Offences Act, 2012. Heard Mr. P.A.K. Kishore, learned counsel for the petitioner. 2. Mr. Thota S.V.L. Narasimha Swamy, learned counsel for the de- facto complainant and Learned Public Prosecutor representing the State. The de-facto complainant filed I.A.No.1 of 2025, duly 3. enclosing a Joint Memo entered between the accused as well as de- facto complainant. Wherein, it is stated that at the intervention of elders on both sides and as per their advice, the de-facto 3 complainant and the accused are together compromised amicably, since the de-facto complaint married the accused and blessed with male child out of wedlock and continue to live together as wife and husband. It is further stated that, in view of the compromise, the 2 respondent/de-facfo complaint has no interest to proceed with the case, as such, prayed this Court to record the compromise and allow the criminal petition. nd 4. Today, when the matter is taken up for consideration, the petitioner/accused and the de-facto complainant i.e. Ch. Rama Prabha, are present in person before this Court. The parties identified by their respective counsels. are 5. This Court has questioned the de-facto complainant with regard to the compromise and she categorically stated that she has voluntarily entered into the compromise with the accused and has agreed to quash the present criminal petition against the petitioner herein. 6. This Court is satisfied with the identification of the parties and terms of the compromise. In view of the compromise arrived ■ between the parties, the chances of conviction are remote and bleak. r 7. In view of the compromise entered between the parties and the settlement in the interest of both petitioner and de-facto complainant, I find that this is a fit case to permit the petitioner to compound the offences. 8. Accordingly, I.A.Nos.1 & 2 of 2025 are ordered. Cr.L.P.No.19 of 2091 9. In view of the orders passed in I.A.Nos.1 & 2 of 2025 in Cr.L.P.No.19 of 2021, the present criminal petition is allowed in terms of the joint memo dated 06.01.2025, by quashing the proceedings initiated against the petitioner/accused in crime No.28 of 2019 on the file of Pedabayalu Police Station, Visakhapatnam District. As a sequel, miscellaneous applications pending petition, shall stand closed. if any, in this Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Pedabayalu Police Station, Visakhapatnam District. 2. One CC to Sri P.A.K.Kishore, Advocate [OPUC] 3. One CC to Sri Thota S.V.L.Narasimha Swamy, Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies. SAM *along with joint compromise memo to the addresses HIGH COURT SAM DATED:06/01/2025 ORDER I.A Nos.1 & 2 of 2025 in/and CRLP.No.19 of 2021 1 5 M*» «« g . Uurreni Section \f>£SPATCtV^ I.A Nos.1 & 2 of 2025 are ALLOWED ALLOWING THE CRLP IN THHE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI LA. No of 2024 IR CRL.P.No.19 of 20219 Betv/een : Vanthiniba Sunil Kumar, S/o Vanthiniba RamakrishnaRao, Hindu, aged 27 years Occ: Working as Teacher in Government Primary School situated at pedaguda of Muchinput Mandal, Visakhapatnam, R/o Santhinagar Village, Jorjula Panchayat.MuchangipMandal Jorjula, Visakhapatnam-531040 ... Petitioner/Accused And 1. The State of Andhra Pradesh, Represented by Public Prosecutor, A.P. High Court at Amaravati. 2. Ch Rama Prabha, W/0 Vanthiniba Sunil Kumar, Hindu, aged 24 years, S T Adugulaput Panchayat, Pedabayalu Mandal, Vizag Dist (as mentioned in FIR) presently residing at Santhaveedhi Village, Jarjula Panchayat, Muchangiput Mandal Bhagata, Adugulaput Village, Jorjula Visakhapatnam-531040. ... Respondents/Complainant JOINT MEMO FILED BY BOTH PARTIES We both the parties compromised the matter amicably as per the advice of the elders and well wishers we both got married and blessed with children as such decided to withoraw the file Criminal Petition vide CRLP.No.19 of 2021 before this Hon’ble Court and the 2"^^ Respondent has no objection to quash the entire proceedings against the petitioners in FIR.No. 28/2019 on the file of PS Pedabayalu, Visakhapatnam District for the offence under Sections 376(1), 417 IPC and Sections 5(1) r/w Section 6 of the Protection of Children From Sexual Offences Act, 2012. We both } 5 signed in this memo vvilh our free will and consent and there is no any correction or force against us . Hence this memo is filed. r 9 Signature of the petftioner/ Accused \ Counselfor the petitioner/Accused \r \ Signature of the spondent No. 2 Counsel for re^spondent No.2 f