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2025 DAILYLAW 24512 (AP)

Dr Vattipalli Bhagya Raju v. The State of Andhra Pradesh

CRLP/7372/2025 · 2025-07-20

Venkata Jyothirmai Pratapa

body2025

Judgment text

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k APHC010345992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: 7372 OF 2025 PRATAPA Between: 1. Dr.Vattipalli Bhagya Raju, S/o Papa Rao, Aged about 35 years, D.No. 33-13, 1st Lane, Indira Nagar, Pamarru Village and Mandal, Krishna District. 2. Gundabattina Vijaya Rani, W/o Ramesh @ John, Aged about 40 H.No.19, 10th A Street. 1st Cross years, Prakuri Township, near Railpet, Horamavu Agara Main Road, Bangalore. 3. Gundabattina Ramesh @ John, S/o Subba Rao H.No.19, 10th A Street, 1st Cross, Horamavu Agara Main Road, Bangalore. 4. Gogulamudi Roja Rani, W/o Venkatesh Aged about 50 years, Prakuri Township, near Railpet, Aged about 36 years, D.No. 11-58, Nehru Nagar, Nidamanuru, Krishna District. 5. Vattipalli Papa Rao, S/o Narasimha Rao, Aged about 72 33-13,1st Lane years, D.No. Indira Nagar, Pamarru Village and Mandal, Krishna District ...Petitioners/Accused Nos. 1 to 5 AND 1. The State of Andhra Pradesh, through its Public Prosecutor High Court of Andhra Pradesh, Amaravati, Guntur District. ...Respondent No.1 2. Mylari Suguna Sri, W/o Vattipalli Bhagya Raju, Aged 30 Years, Ramanuja Kootam, Opp: Jute Mill, Krishna Nagar, Guntur Town. ...Respondent No.2/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 quash the case in SC. No.273 of 2023 on the file of IV Additional Senior Civil Judge - Cum - IV Additional Assistant Sessions Judge Court, Guntur against the petitioners. lA NO: 2 OF 2025 Petition under Section 320 (6) r/w 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 may be pleased to permit the De-Facto Complainant herein in above referred Criminal Petition to compromise/ compound the offences against the Respondents/ Petitioners, who are A-1 to A-5 in SC. No. 273 of 2023 on the file of IV Additional Senior Civil Judge - Cum - IV Additional Assistant Sessions Judge Court, Guntur. lA NO: 3 OF 2025 Petition under Section 320 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 compound the offences against the Respondents /Petitioners, who are A-1 to A-5 in SC. No. 273/2023 the file of IV Additional Senior Civil Judge - Cum - IV Additional Assistant Sessions Judge Court, Guntur. / % lA NO: 4 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 to grant stay of all further proceedings including appearance of the petitioners herein in SC. No. 273 of 2023 on the file of IV Additional Senior Civil Judge - Cum - IV Additional Assistant Sessions Judge Court, Guntur, pending disposal of the above Criminal Petition. Counsel for the Petitioners: Sri Souri Babu Duppati, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: Sri Bobba Hari Prasad Reddy, Advocate The Court made the following order: f APHC010345992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.a & 3 of 2025 [3396] IN/AND CRIMINAL PETITION NO: 7372/2025 Between: 1.DR VATTIPALLI BHAGYA RAJU, S/O PAPA RAO, AGED ABOUT 35 YEARS, D.NO. 33-13,1ST LANE, INDIRA NAGAR, PAMARRU VILLAGE AND MANDAL, KRISHNA DISTRICT. 2.GUNDABATTINA VIJAYA RANI, W/0 RAMESH @ JOHN, AGED ABOUT 40 YEARS, H.NO.f9, 10TH A STREET, 1ST CROSS, PRAKURI TOWNSHIP, NEAR RAILPET, HORAMAVU AGARA MAIN ROAD BANGALORE. 3.GUNDABATTINA RAMESFf @ JOHN, S/O SUBBA RAO, AGED ABOUT 50 YEARS, H.MO IS, 10TH A STREET, 1ST CROSS, PRAKURI TOWNSHIP, NEAR RAILPET, HORAMAVU AGARA MAIN ROAD BANGALORE. 4.GOGULAMUD[ ROJA RAMI, W/0 VENKATESH, AGED ABOUT 36 YEARS, D.NO. 11-58, NEHRU NAGAR NIDAMAMURU, KRISHNA DISTRICT. 5.VATTIPALL1 PAPA RAO, S/O NARASIMHA FIAO, AGED ABOUT 72 YEARS, D.NO 33-13,1ST LANE, INDIRA NAGAR, PAMARRU VILLAGE AND MANDAL, KRISHNA DISTRICT ...PETITIOIslER/ACCUSEDfS) AND 1.THE STATE OF ANDHRA PRADESH. THROUGH ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AMARAV/\TI, GUNTUR DISTRICT. 2.MYLARI SUGUNA SRI, W/0%\TTiPALLI BHAGYA RAJU AGED 30 YEARS, RAMANUJA kOGTAM, OPP JUTE MILL KRISHNA NAGAR, GUNTUR TOWN. ■ RESPOMDEmiCOMPUmAmiS): 2 ■: Counsel for the Petitioner/accused(S): 1.SOURI BABU DUPPATI Counsel for the Respondentycomplalnant(S): 1.BOBBA HARi PRASAD REDDY 2. PUBLIC PROSECUTOR The Court made the following: COMMOM ORDER: The instant petition under Section 528 of Bharatiya Nagarik - • f. ;. Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners / Accused Nos.1 to 5, seeking quashment of the proceedings '!■' ‘C.’ r- against them in S.C.No.273 of 2023 on the file of the Court of IV Additional Senior Civil Judge-cum-IV Additional Assistant Sessions Judge, Guntur for the offences under Sections 498-A, 307, 506 and 509 IPC and Sections 2 and 4 of the Dowry Prohibition Act. I.A.No.2 of 2025 is filed by Respondent No.2/De facto complainant under Section 320(6) of Cr.P.C., seeking permission to compound the case in S.C.No.273 of 2023 on the file of the Court of IV Additional Senior Civil Judge-cum-IV Additional Assistant Sessions Judge, Guntur. l.A.No.3 of 2025 is filed by the Respondent No.2/Complainant under Section 320(2) seeking to record the compromise in terms of the joint memo filed by both parties and to quash the proceedings in S.C.No.273 of 2023 on the file of the Court of IV Additional Senior Civil Judge-cum-IV Additional Assistant Sessions Judge, Guntur against the Petitioners. 2. 3. / / / 3 Petitioners / Accused Nos. 1 to 5 and Respondent No.2 appeared 4. before this Court and were identified by their respective learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. 5. Learned Assistant Public Prosecutor is in attendance. 6. This Court enquired the Co^mplainant about her willingness to enter into compromise in the matter. She represented that she has voluntarily come forward for the compromise. She further represented that the disputes between them are amicably settled by the family elders and they want to live in a cordial atmosphere and a Memorandum of Understanding dated 16.12.2024 was also executed to that effect. The De facto complainant further represented that case may be closed against the Petitioners. 7. Sri Souri Babu Duppati, learned counsel for Petitioners/Accused Nos.1 to 5 would submit that both parties have compromised and settled the disputes between them. Now the parties are intending to compromise the issue and filed a joint mertlo to that effect. 7 1- • 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 anothet\ since there is an amicable settlement between the parties, in the interest of justice, I.A.Nos. 2 and 3 of 2025 are allowed. Consequently, the 2012(10)SCC 303 4 Criminal Petition is allowed and the case against the Petitioners/Accused Nos.1 to 5 in S.C.No.273 of 2023 on the file of the Court of IV Additional Senior Civil Judge-cum-IV Additional Assistant Sessions Judge, Guntur, is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. \\ Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// If ^ SECTION OFFICER To, 1. The IV Additional Senior Civil Judge Cum IV Additional Assistant Sessions Judge Court, Guntur, Guntur District. One CC to Sri Souri Babu Duppati, Advocate [OPUC] One CC to Sri Bobba Hah Prasad Reddy, Advocate [OPUC] Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] Three CD Copies 2. 3. 4. 5. GPC sree i .KSS«T'' \ X HIGH COURT DATED: 21/07/2025 ORDER CRLP NO. 7372 OF 2025 ^ 17 SEP 2025 ^ . Current Section S PATCV'?^ m, % ALLOWING THIS CRIMINAL PETITION