Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 25527 (AP)

Bontha Hanumantha Rao v. THE STATE OF ANDHRA PRADESH

CRLP/7447/2025 · 2025-07-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010359882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI oo THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE ★ •**•■«** PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A. Nos. 2 & 3 of 2024 IN/AND CRIMINAL PETITION NO: 7447 OF 2025 Common C.T. in I.A. Nos. 2 & 3 of 2024 Between: Nandigam China Ratnababu, S/o. Late Papaiah, Aged 45 Years, Balusupadu Village, Pedakurapadu Mandal, Guntur (Palnadu) District. ...Petitioner/Respondent/ Defacto-Complainant AND 1. Bontha Hanumantha Rao, S/o. Poluraju, Aged about 38 Balusupadu Palnadu/Guntur District). years, Occ. Pedakurapadu Mandal Agriculturist, Village ...Respondent/Petitioner 2. The State of Andhra Pradesh, through its Public Prosecutor High Court of Andhra Pradesh Amaravati, Guntur District. ...Respondent/Respondent lA NO: 2 OF 2025 Petition under Section 320 (6) r/w 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 Petitioner/ R-2 to compound the offences under sections 323,506 IPC and Section 3(1 )(r),3 (1) (s), 3 (2) (va) of SC ST POA Amendment Act, 2015. lA NO: 3 OF 2025 Petition under Section 320 (2) r/w 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 compound the offences against the sole Respondent /Petitioner, who is accused in SC (SPL) No.20/2024 on the file of IV Additional District & Sessions Judge-Cum-SC ST Court, Guntur. (Along with Joint Memo) CRIMINAL PETITION NO: 7447 OF 2025 Between: Bontha Hanumantha Rao, S/o. Poluraju, Aged about 38 years, Occ. Agriculturist, Balusupadu Village, Pedakurapadu Mandal Palnadu/Guntur District). ...Sole Accused AND 1. The State of Andhra Pradesh, through its Public Prosecutor High Court of Andhra Pradesh Amaravati, Guntur District. ...Respondent No.1 /'/■ 2. Nandigam China Balusupadu Village, Pedakurapad Ratnababu, S/o. Late Papaiah, Aged 45 Years U Mandal, Guntur (Palnadu) District. ...Respondent No.2/Defacto Complainant Petition under Section 528 in the circumstances stated i Petition, the High Court 20/2024 on the file of Court, Guntur. lA NO: 4 OF ?no5 of BNSS/Section 482 of Cr.P.C in the Memorandum I may be pleased to quash the IV Additional District & Sessions praying that of Grounds of Criminal case in SC (SPL) No. - Judge-Cum-SC ST Petition under Section 482 of Cr circumstances stated in High Court may be pleased appearance of the petitioners herein additional District & Sessions Judge Counsel for the Petitioner; Counsel for the Respondent Counsel for the Respondent The Court made the following COMMON •P C and528ofBNSS the Memorandum of Grounds praying that in the of Criminal Petition, the to grant stay of all further r in SC (SPL) No. 20/2024 proceedings including on the file of IV - SC ST Court, Guntur. ■ SRI SOURI BABU DUPPATI No.2: SRI BOBBA HARI PRASAD No.1: PUBLIC PROSECUTOR ORDER: REDDY APHC010359882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7447/2025 Between: 1.BONTHA HANUMANTHA RAO, S/0 POLURAJU, AGED ABOUT 38 YEARS, OCC AGRICULTURIST, BALUSUPADU VILLAGE, PEDAKURAPADU MANDAL PALNADU/GUNTUR DISTRICT). ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THROUGH ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH AMARAVATI, GUNTUR DISTRICT. 2.NANDIGAM CHINA RATNABABU, ,S/0 LATE PAPAIAH, AGED 45 YEARS, BALUSUPADU VILLAGE, GUNTUR (PALNADU) DISTRICT PEDAKURAPADU MANDAL, ...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 the case in SC (SPL) No. 20/2024 on the file of IV additional District & Sessions Judge - Cum- SC ST Court, Guntur, against the petitioner 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 pleased to dispense with the filing of the certified 2 Copy in SC (SPL) No. 20/2024 on the file of IV additional District & Sessions Judge - Cum- SC ST Court, Guntur, 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,the High Court may be pleased Pleased to permit the Petitioner/ R-2 to compound the offences under sections 323,506 IPC and Section 3(1)(r),3 (1) (s), 3 (2) (va) of SC ST POA Amendment Act, 2015, in the present case and 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 pleased to compound the offences against the sole Respondent /Petitioner, who is accusedin SC (SPL) No.20/2024 on the file of IV Additional District & Sessions Judge-Cum-SC ST Court, Guntur and pass 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 pleased to grant stay of all further proceedings including appearance of the petitioners herein in SC (SPL) No. 20/2024 the file of IV additional District & Sessions Judge - SC ST Court, Guntur pending disposal of the above Criminal Petition, and to pass Counsel for the Petitioner/accused: 1.SOURI BABU DUPPATI on Counsel for the Respondent/complainant(S): 1.BOBBA HARI PRASAD REDDY 2. PUBLIC PROSECUTOR 3 The Court made the following: l■A■Nos■2 and 3 of 2024 In/and Criminal Petition No,7447 of 2024 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 SC(SPL).No.20 of 2024, on the file of IV Additional District & Sessions Judge- cum-SC & ST Court, Guntur, for the offences punishable under Section 323, 506 IPC, 3(1 )(r), 3(1 )(s), 3(2)(va) of SC & ST(PoA) Act, 2015. 2. I.A. No. 2 of 2025 is filed by the petitioner/respondent No. 2 seeking permission to permit the petitioner/accused to compound the offences punishable under Sections 323, 506 IPC, 3(1 )(r), 3(1 )(s), 3(2)(va) of the SC & ST (PoA) Act, 2015, in S.C. (SPL) No. 20 of 2024. I.A. No. 3 of 2025 is filed by the petitioner/respondent No. 2 seeking to compound the offences against the sole accused in S.C. (SPL) No. 20 of 2024, on the file of IV Additional District & Sessions Judge-cum-SC & ST Court, Guntur. Today, when the matter 3. 4. was taken up for hearing, the petitioner/accused and respondent No. 2/de-facto complainant were present before this Court. They produced their respective attested copies of Aadhar cards in proof of their identity, and the same were placed on record for proper 4 identification. Both the learned counsel on record identified both the parties i open Court. in Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the State, is in attendance and reported compromise. 6. This Court enquired the de facto complainant about his willingness to enter into a compromise in the matter. He represented before the Court that he has voluntarily come forward for the compromise. He is ready to return the compensation amount, if any, received by him. He further informed the Court that although they have shown that the amount was transferred to his account, it was not actually transferred; only the bill might have been passed. The de facto complainant further represented that the case may be closed against the accused. He does not want to prosecute the matter. 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 S.C. (SPL) No. 20 of 2024 the file of IV Additional District & Sessions Judge-cum-SC & ST Court, Guntur, for the offences punishable under Sections 323, 506 IPC, 3(1 )(r), 3(1 )(s), 3(2)(va) of the SC & ST (PoA) Act, 2015, is hereby quashed. 5. objection to recording the no 7. on ^2012(10)SCC303 I- 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER 1. The IV Additional District & Sessions Judge-Cum-SC ST Court, Guntur. 2. One CC to Sri. Souri Babu Duppati, Advocate [OPUC 3. One CC to Sri. Bobba Hari Prasad Reddy, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh Amaravati. [OUT] 5. Two CD Copies To, at Chp Sree (Along with Joint Memo vide separate Sheet) HIGH COURT DATED:17/07/2025 COMMON ORDER I.A. Nos. 2 & 3 of 2024 IN/AND CRLP NO. 7447 OF 2025 ((I ^ Curreni section . ^ ALLOWING THE I.A. Nos. 2 & 3 of 2024 AND ALLOWING THE CRIMINAL PETITION HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATHI of 2024 I.A.No. i in of 2024 Cri.P.No. Between: Nandic^am China Ratnababu, S/o Late Papaiah, Aged 4§‘Years, Balusupadu Village, Pedakurapadu Mandal, Guntur (Palnadu) District 1. ... Petitioner/Respondent/De-facto Complainant AND BonthaHanumantha Rao, S/o Poluraju, Aged about 38 years, Occ: Agriculturist, Balusupadu Village, Pedakurapadu Mandal Palnadu/Guntur District) 1. ... Respondent/Petitioner 2. The State of Andhra Pradesh, through its Public Prosecutor High Court of Andhra Pradesh, Guntur District. ... Respondent/Respondent (R-2 is not necessary party to this memo) JOINT MEMO FILED BY THE PETITIONER & RESPONDENT It is respectfully submitted that the dispute relating to the subject matter in SC (SPL) No.20/2024 on the file of IV Additional District & Sessions Judge-Cum-SC ST Court, Gunturis settled between the Petitioner/De-facto Complainant and the Respondent, who is the petitioner in the main Quash Petition on the intervention of the eiders and settle the issue. In view to maintain cordial relationship with petitioners in the village and in view of the intervention of the elders, I have agreed for such compromise and consequentially not pressing the above said sessions case. I further humbly submit that, in the given set of circumstances and the compromise arrived the parties the continuation of the above criminal against the petitioner/sole Accused is no way required and as - ' * such he has no objection to compound the case against the Respondent/Petitioner, who is arrayed as Accused in the present SC and the petitioners in the main Quash Petition. The petitioner and the respondent herein are jointly filing the present Memo for compounding the offences in the said SC with free will and consent and there is no coercion in getting the matter compounded. Hence, this Memo. case Amaravathi Dt. 14.07.2025 H. -,“3/ Counsel for the Petitioner/R-2 Petition'ef/R-2 £ St) f/ rit?' R-1/Petitioner . o ■f i . Counsel for the Respondent /Petitioner