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2025 DAILYLAW 25040 (AP)

Bhavesh Attri v. Miss Swati Singh

CRLP/7771/2025 · 2025-07-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

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# APHC010353802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ?, [i] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA l■A■NOs■2 AND 3 OF 202^ IN/AND CRIMINAL PETITION NO- 7771 OF 2025 Between; Bhavesh Attri, S/o.Krishna Chancier, Student, DSNL University, Gottivada (Village), Subbavaram Anakapalle District, Andhra Pradesh and Native Chadigharh-160020, Cell No.7009135610. nd aged 23 years, 2 year LLB Mandal, of 1016a, Sector 20-b. ...PETITIONER/ACCUSED AND 1. Miss Swati Singh, D/o.Rajesh Singh, Student, aged 21 years, Rajput, 2 year BA LLB Student, DSNL University, Gottivada (Village), Subbavaram Mandal, Anakapalle District, Andhra Pradesh and Native of FD-20/2, Swamijipaiiy, Jyngra, Bhagihathi, Caicutta 700059. (Defacto Complainant) West Bengal- 2. The State of Andhra Pradesh, represented by its Public Prosecutor High Court of Andhra Pradesh at Amaravathi. ...RESPONDENTS Petition filed under Section 482 of Cr.P.C read with Section 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 all further proceedings against the Petitioner/Accused pending in Cr.No.27 of 2025 filed before the lind AJCJ-CUM-Xllth AMM Court, Anakapalle, consequent on the file of SHO, Sabbavaram, Anakapalle District registered in FIR No.27 of 2025 dated 07-02-2025. I.A. NO: 2 OF 202.*^ Between: Miss Swati Singh, D/o.Rajesh Singh, Student, aged 21 years, Rajput, 2"'^ year BA LLB Student, DSNL University, Gottivada (Village), Subbavaram Mandal, Anakapalle District, Andhra Pradesh and Native of FD-20/2, Swamijipally, Jyngra, Bhagihathi, Calcutta, West Bengal- 700059. (Defacto Complainant) ...PETITIONER AND 1. Bhavesh Attri, S/o.Krishna Chander, aged 23 nd years, 2 year LLB Student, DSNL University, Gottivada (Village), Subbavaram Mandal, Anakapalle District, Andhra Pradesh and Native of 1016a, Sector 20-b, Chadigharh-160020, Cell No.7009135610. ...RESPONDENT/ACCUSED 2. The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT Petition filed under Section 359 (6) of BNSS read with Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to permit the petitioner/de- facto complainant to compromise the case with the respondent/accused filed in Cr No.27 of 2025 before the lind AJCJ-CUM-Xllth AMM Court, Anakapalle and FIR No.27 of 2025 dated 07-02-2025 registered by the SHO, Sabbavaram, Anakapalle District. lA NO: 3 0F 2025 Between: Miss Swati Singh, D/o.Rajesh Singh, Student, aged 21 years, Rajput, 2"^^ year BA LLB Student, DSNL University, Gottivada (Village), Subbavaram Mandal, Anakapalle District, Andhra Pradesh and Native of FD-20/2, Swamijipally, Jyngra, Bhagihathi, Calcutta, West Bengal- 700059. (Defacto Complainant) ...PETITIONER AND 1. Bhavesh Attri, S/o.Krishna Chander, aged 23 years, 2 Student, DSNL University, Gottivada (Village), Subbavaram Mandal Anakapalle District, Andhra Pradesh and Native of 1016a, Sector 20-b Chadigharh-160020, Cell No.7009135610. nd year LLB ...RESPONDENT/ACCUSED 2. The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...RESPONDENT Petition fiied under Section 359 (2) of BNSS read with Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to permit the de-facto complainant/respondent to compromise the case with the Petitioner/Accused filed by the SHO, Sabbavaram, Anakapalle District in FIR No.27 of 2025 dated 07-02-2025 and Remand Report dated 10-02-2025 and in Cr No. 27 of 2025 filed before the lind AJCJ-CUM-Xllth AMM Court, Anakapalle. *Joint Compromise Memo enclosed (vide separate sheet) lA NO: 4 OF 2025 Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to stay all further proceedings against the Petitioner/Accused filed by the SHO, Sabbavaram, Anakapalle District in FIR No.27 of 2025 dated 07-02-2025 and Remand Report dated 10-02-2025 filed before the lInd AJCJ- CUM-Xllth AMM Court, Anakapalle in Cr No.27 of 2025. Counsel for the Petitioner : SRI B.UMA MAHESWARA RAO Counsel for the Respondent No.1 : SRI SURYA TARANI POLAPRAGADA Counsel for the Respondent No.2 : MS.K.PRIYANKA LAKSHMI, ASSISTANT PUBLIC PROSECUTOR The Court made the following COMMON ORDER : 1 fe. APHC010353802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA l■A■Nos■2 and 3 of 2025 In/and Criminal Petition No.7771 of 2025 Between: 1.BHAVESH ATTRI, S/0. KRISHNA CHANDER, AGED 23 YEARS, 2ND YEAR LLB STUDENT, DSNL UNIVERSITY, GOTTIVADA (VILLAGE), SUBBAVARAM MANUAL, ANAKAPALLE DISTRICT, ANDHRA PRADESH AND NATIVE OF 1016A, SECTOR 20-B, CHADIGHARH- 160020, CELL NO. 7009135610. ...PETITIONER/ACCUSED AND 1.MISS SWATI SINGH, D/0. RAJESH SINGH, STUDENT, AGED 21 YEARS, RAJPUT, 2ND YEAR BA LLB STUDENT, DSNL UNIVERSITY, GOTTIVADA (VILLAGE), SUBBAVARAM MANUAL, ANAKAPALLE DISTRICT, ANDHRA PRADESH AND NATIVE OF FD-20/2, SWAMIJIPALLY, JYNGRA, BHAGIHATHI, CALCUTTA, WEST BENGAL 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI ...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 Courtpleased to quash all-further Proceedings against the Petitioner / Accused pending in Cr. No. 27/2025 filed before the ^ Honourable lind AJCJ-CUM-Xllth AMM Court Anakapalle, file of SHO Sabbavaram.Anakapalle District consequent on the registered in FIR No. 27/2025 Dated. 07-02-2025 and this Honourable Court may be pleased to pass lA NO: 1 OF 202.*! 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 dispense with the filing of certified copy of the FIR No. 27/2025 Dated. 07-02-2025 and the Remand Report Dated. 2025 filed in Cr No. 27/2025 before the Honourable AJCJ-CUM-Xllth Court Anakapalle, and pass lA NO: 2 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, . High Court may be pleased to permit the petitioner / de-facto complainant compromise the case with the respondent/accused filed in Cr No. 27/2025 before the Honourable lInd AJCJ-CUM-Xllth AMM Court Anakapalle and FIR No.27/2025 Dated 07-02-2025 registered by the SHO, Sabbavaram, Anakapalle District and pass lA NO: 3 OF 2025 10-02- AMM , the to 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 permit the de-facto complainant / respondent to compromise the case with the Petitioner / Accused filed by the SHO, Sabbavaram, Anakapalle District in FIR No. 27/2025 Dated. 07-02-2025 and Remand Report Dated. 10-02-2025 and in Cr No. 27/2025 filed before the Honourable lind AJCJ-CUM-Xllth AMM Court Anakapalle and pass lA NO: 4 OF 202.*^ 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 stay all further Petitioner / Accused filed by the SHO, Sabbavaram the proceedings against the j, Anakapalle District in FIR No. 27/2025 Dated. 07-02-2025 and Remand Report Dated. 10-02-2025 filed before the Honourable lind AJCJ-CUM-Xllth AMM Court Anakapalle No. 27/2025and pass in Cr 3 Counsel for the Petitioner/accused: 1.B.UMA MAHESWARA RAO Counsel for the Respondent/complainant(S): 1 .SURYA TARANI POLAPRAGADA 2.PUBLIC PROSECUTOR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAl PRATAPA I.A.Nos.2 and 3 of 2025 In/and Criminal Petition No.7771 of 2025 COMMON ORDER: The instant Criminal Petition under Section 528 Bharatiya Nagarik Suraksha Sanhita Act, 2023{for short ‘BNSS act’) has been filed, by the petitioner/accused, seeking to quash the proceedings against him in Cr.No.27 of 2025 filed before the learned AJCJ-cum-Xll‘^ AMM Court, Anakapalle, consequent on the file of SHO Sabbavaram, Anakapalle District registered in FIR No.27 of 2025 dated 07.02.2025 for the offences punishable under Sections 74, 77, 78(2), 351(2) r/w Section 62 of BNS, 67 IT Act, 2000-2008. 2. 2. I.A. No. 2 of 2025 is filed by the defacto complainant/respon dent No. 2 seeking permission to permit the petitioner/accused to compound the offences punishable under Sections 74, 77, 78(2), 351(2) r/w Section 62 of BNS, 67 IT Act, 2000-2008 in FIR No.27 of 2025. 3. I.A. No. 3 of 2025 is filed by the defacto complainant/respon dent No. 2 seeking to compound the offences against the sole accused in FIR No.27 of 2025 dated 07.02.2025 for the offences punishable under Sections 74, 77, 78(2), 351(2) r/w Section 62 of BNS, 67 IT Act, 2000-2008. 4. Today, when the matter was taken up for hearing petitioner/accused and respondent No. 2/de-facto complainant were present before this Court. They produced their respective attested copies of Aadhar the 5 cards in proof of their identity, and the same were placed on record for proper identification. Both the learned counsel on record identified both the parties in open Court. 5. Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the is in attendance and reported no objection to recording the State, compromise. Respondent No.2/defacto complainant appeared before this Court and represented that they both are students pursuing law. When they relation, they have taken some photos and at the time of lodging of the she thought it is necessary. After lodging this case, they both have realized and she does not want to proceed with this matter, keeping in mind the future of both of them. The petitioner/Accused apologized for his alleged conduct before the complainant in the presence of the Court. 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. 2 and 3 of 2025 are allowed. Consequently, the Criminal Petition is allowed, and the case against the accused in FIR No.27 of 2025 dated 07.02.2025 for the offences punishable under Sections 74, 77, 78(2), 351(2) r/w Section 62 of BNS, 67 IT Act, 2000-2008, is hereby quashed. 6. were in case 7. ^2012(10)SCC303 6 As a sequel thereto, miscellaneous petitions pending, if any, shall stand SDI- A.VIJAY BABU ASSISTANT REGISTRAR closed. //TRUE COPY// SECTrON OFFICER To 1. The II Additional Civil Judge (Junior Division)-cum-XII AMM Court, Anakapalle, Visakhapatnam District. 2. The Station House Officer, Sabbavaram Police Station, Anakapalle, Visakhapatnam District. 3. One CC to Sri B.Uma Maheswara Rao, Advocate [OPUC] 4. One CC to Sri Surya Tarani Polapragada, Advocate [OPUC] 5. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Two CD Copies Bsv TAC *Joint Compromise Memo enclosed (vide separate sheet) HIGH COURT DATED:25/07/2025 COMMON ORDER » 2« AUG 2025 . Current Section I.A.Nos.2 & 3 of 2025 In/And CRLP NO. 7771 OF 2025 I.A.Nos.2 and 3 of 2025 are ALLOWED ALLOWING THE CRIMINAL PETITION w . .vif-' IN THE HONOURABLE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI CRL.P No. of 2025 , I BETWEEN: Bhavesh Attri S/o. Krishna Chander, aged 23 years, 2"^^ year LLB Student, DSNL University, Gottivada (Village), Subbavaram Mandal, Anakapalle District, Andhra Pradesh and Native of 1016a, Sector 20-b, Chadigharh-160020j^Cell No. 7009135610. ... Petitioner/Accused AND 1. Miss Swati Singh D/o. Rajesh Singh, Student, aged 21 years, Rajput, ' 2"=^ year BA LLB Student, DSNL University, Gottivada (Village), Subbavaram Mandal, Anakapalle District, Andhra Pradesh & Native of FD-20/2, Swamijipally, Jyngra, Bhagihathi, Calcutta, West Bengal - 700059. (De-Facto Complainant) The State of Andhra Pradesh Represented by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 2. ...Respondents JOINT MEMO It is most respectfully submitted that the Petitioner / Accused and the Respondent / De-facto Complainant herein filed the present Joint Memo the dispute between them was amicably settled at the instance of elders and » other well-wisher, family members and friends of both the parties. It is therefore, prayed that this Honourable Court may be pleased to permit the respondent / de-facto complainant to compromise the case with the petitioner / accused in Cr No. 27/2025 filed before the HonouVablelInd AJCJ-CUM-Xllth AMM Court Anakapalle, on the file of SHO, Sabbavaram as Police Station, Anakapalle District and to pass such other order which this Honourable Court the case. or orders may deem fit and proper in the circumstances of Amaravathi Dated. 2025 Counsel for the Respondent / Complainant Counsel for the Petitioner / Accused t) Respondent / Complainant et. SCo ail Petitioner / Accused --w:. V- Vt.e..