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2025 DAILYLAW 26359 (AP)

KONAPALA ANNAJEE RAO v. THE STATE OF ANDHRA PRADESH

CRLP/5966/2024 · 2025-01-02

B V L N Chakravarthi

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI I.A NOS 1 AND 2 OF 2025 IN/AND CRIMINAL PETITION NO: 5966 OF 2024 Between; 1. Konapala Annajee Rao, S/o.Late Chinnarao, Aged 43 years, R/o.D.No.3-153, Devarapeta, Palakonda, Parvatipuram Manyam District. 2. Narayanasetti Sarath Babu, S/o.Sudarsana Rao, R/o.D.No.14-2173 Neelamma Colony, Palakonda, Parvatipuram Manyam District ...Petitioners/Accused Nos.1 & 2 AND 1. The State Of Andhra Pradesh, Rep. By its Public Prosecutor, High Court at Amaravathi, Through Station House Officer, Palakonda Police Station, Parvatipuram Manyam District. 2. Y.Gurumurthy, S/o.Ramana, Aged 26 years, Palakonda Mandal, Paravatipuram, Manyam District. Annavaram.Village ...Respondents/Complainant Petition (under Section 482 of Cr.P.C) and U/s 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 proceedings in Crime No. 146 of 2024 of Palakonda Police Station, Parvatipuram Manyam District. I.A. NO: 2 OF 2024 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 of all further proceedings in Crime No.146 of 2024 of Palakonda Police Station, Parvatipuram Manyam District, pending disposal of the quash petition. I.A. NO: 1 OF 2025 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 allow the Criminal Petition and to quash the proceedings in FIR No. 146 of 2024 on the file of Palakonda Police Station, Parvatiopuram Manyam District, against the Petitioners / Accused 1 & 2, on the ground of compromise as the de-facto complainant have no objection for the same. I.A. NO: 2 OF 2025 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 may be pleased to permit the petitioner herein to file the compromise petition seeking to quash the proceedings in FIR No. 146 of 2024 on the file of Palakonda Police Station, Parvathipuram Manyam District This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vijaya Kumar Naidana, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No. and of Sri Musawri, Advocate for the Respondent No. 02 The Court made the following ORDER APHC010372872024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 5966/2024 Between: 1.KONAPALA ANNAJEE RAO, S/O.LATE CHINNARAO, R/O.D.NO.3-153, DEVARAPETA AGED 43 YEARS PALAKONDA, PARVATIPURAM MANYAM DISTRICT. 2 NARAYANASETTI SARATH BABU, S/O.SUDARSANA NEELAMMA COLONY, PALAKONDA, PARVATIPURAM MANYAM DISTRICT. ...PETITIONER/ACCUSED(S) R/O.D.NO.14-2173 RAO AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI, THROUGH STATION HOUSE OFFICER POLICE STATION DISTRICT. PALAKONDA PARVATIPURAM MANYAM AGED 26 YEARS 2.Y.GURUMURTHY, S/O.RAMANA ANNAVARAM. ...RESPONDENT/COMPLAINANT{S): The Court made the following: 2 COMMON ORDER: I.A.No.l & 2 of 2025 in/and Criminal Petition No:5966 of 2024 This Criminal. Petition, under Section 528 of Bharatiya Nagarika Suraksha Sanhita, 2023 has been filed on behalf of the petitioners herein/Accused Nos.1 and 2 proceedings in Crime No. 146 of 2024 of Palakonda Parvatipuram Manyam District, for the offence U/secs. 126(2), 308(2), 351(2) r/w.3(5) of Bharatiya Nyaya Sanhita, 2023. to quash the Police Station Heard Sri N.Sravan Kumar, learned counsel for petitioners and learned counsel for the 2"^^ respondent. Learned Additional Public Prosecutor representing the State present. 2. 3. Today, when the matter is taken up, petitioners herein/A-1 & A-2 and 2"^^ respondent herein are present before this Court. The petitioners/A-1 & A-2 and 2"'^ respondent produced their respective Aadhaar cards in proof of their identity, counsel for the petitioners and the learned counsel for 2 respondent have identified both the parties in the open Court. 4. This Court has questioned 2"'^ respondent herein/de facto complainant with regard to compromise, and he categorically stated to that extent that he has voluntarily entered into Learned nd 3 - compromise with the petitioners herein/A-1 & A-2. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak. In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh v. State of Punjab & another^, on quashing of criminal case, when the parties entered into settlement and 5. compromise, the Criminal Petition is allowed and therefore, the F.I.R. in Crime No.146 of 2024 of Palakonda Police Station, Parvatipuram Manyam District, for the offence U/secs. 126(2) 308(2), 351(2) r/w.3(5) of Bharatiya Nyaya Sanhita 2023, against the petitioners herein/ A-1 & A-2 is hereby quashed. 6. Accordingly, I.A.Nos.1 and 2 of 2025 and Criminal Petition No.5966 of 2024 are allowed. As a sequel thereto, the Interlacutory applications, if any. pending in this Criminal Petition shall stand closed. T 2012 (9) Scale 257 SD/- U SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Palakonda Police Station, Parvatipuram Manyam District. 2. One CC to Sri Vijaya Kumar Naidana, Advocate [OPUC] 3. One CC to Sri Musawri, Advocate [OPUC] 4. Two CCs to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies SD sree HIGH COURT DATED:02/01/2025 COMMON ORDER I.A NOS. 1 &2 OF 2025 IN CRLP.No.5966 of 2024 ALLOWING THE CRIMINAL PETITION IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Crl.P. No. 5966 OF 2024 (Crime No. 146 of 2024 of Palakonda Police Station, Parvathipu Manyam District) ram Between: 1. KonapalaAnnajee Rao, S/o. Late Chinnarao, Aged 43 years, R/o. D.No.3-153, Devarapeta, Palakonda, Parvatipuram Manyam District. 2. Narayanasetti Sarath Babu, S/o. Sudarsana Rao, R/o. D.No.14-2173, Neelamma Colony, Palakonda, Parvathipuram Manyam District. ... Petitioners/Accused-1 & 2 AND 1. The State of Andhra Pradesh, Rep. By its Public Prosecutor, High Court at Amaravathi, Through Station House Officer, PalakondaPolice Station, Parvathipuram Manyam District. 2. Y. Gurumurthy, S/o. Ramana, Aged 26 years, R/o. Annavaram Village, Palakonda Mandal, ParvathipuramManyam District. ... Respondents/Complainant JOINT MEMO OF COMPROMISE FILED BY BOTH PARTIES 1, KonapalaAnnajee Rao,S/o. Late Chinnarao, aged 43 years,R/o. D.No.3-153, Devarapeta,Palakonda, Parvatipuram Manyam District., do hereby solemnly and sincerely affirm and state on oath as follows: -# 1. I am the 1st petitioner herein in the above criminal petition and 1st accused in the subject FIR. As such I am well acquainted with the facts of the case and also authorized to depose the contents of this affidavit on behalf of the 2nd petitioner. 2. The petitioners submit that the both parties have entered into a settlement and pursuant to which the petitioners filed the present petition for seeking permission to the compound the offences. It is further humbly submitted that the Petitioners and the 2nd respondent compromise the issue with their consent. Hence the present the Joint memo is filed. 3. I further humbly submit that in the given set of circumstances and the compromised arrived between the parties, the continuation of the above criminal case against the petitioners/accused 1 & 2 is no way required. As such the same is liable to be closed. As such it is just and proper-to quash the FIR against the petitioners/accused 1 & 2. The petitioners submit that both the parties agreed for closure of the case on the ground of settled out of the court and further submit that both parties agreed that there are no claims against each other either monetary or any other kind. 4. 5. The petitioners submit that both the parties agreed that they will not file any case against each other after closure of this case in respect of the subject issue in future. / In view of the above stated facts and circumstances, it is therefore prayed that this Hon’ble court may be pleased to allow the Criminal Petition and to quash the proceedings in FIR No. 146 of 2024 the file of Palakonda Police Station, Parvatiopuram Manyam Petitioners / Accused 1 & 2, on the ground of on District, against the compromise as the de-facto complainant have no objection for the same, in the interest of justice and to pass such other and further order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case. Deponent ^ Sworn and signed 2-before me On this the day of December, 2024 vati Adv^ fu K. ^ h\ —■ )p^'lr\V\cneY& -/\c^VKXCX?-e fe3|90'6 Ae\r\^ -VlciiN/OCClJk?)