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2025 DAILYLAW 26659 (AP)

Potnuru Gopala Krishna v. The State of Andhra Pradesh

CRLP/7772/2025 · 2025-07-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010376852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI S THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A Nos.3 to 5 of 2025 In/And CRIMINAL PETITION NO: 7772 OF 2025 Between: Potnuru Gopala Krishna, S/o.Appala Naidu, aged abt 34 Rama Colony, Kottaki, Mirthivala, Ramabhadrapuram, Vizianagaram. years, R/o. Sri ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Through SHO, Parvathiporam District, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. 2. Suvvada Usha Rani, D/o. Late Satyam, Aged Mirthivalasa Village, Ramabhadrapuram, Vijayanagaram. ...RESPONDENTS/COMPLAINANTS Patchipenta P.S, abt 29 years, R/o. Petition under 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 the proceedings PRC.No.6/2023, on the file of the Judicial Magistrate of First Class, Salur, Vizaianagaram District. lA NO: 2 OF 2025 Petition under 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 grant Stay on all further proceedings in PRC.No.6/2023, on the file of the Judicial Magistrate of First Class, Salur, Vizaianagaram District, against the Petitioners pending disposal of the main Petition. lA NO: 3 OF 2Q2fi Between: Suvvada Usha Rani, D/o. Late Satyam, Aged abt 29 years, R/o. Mirthivalasa Village, Ramabhadrapuram, Vijayanagaram. ...PETITIONER/RESPONDENT N0.2 AND 1. The State of Andhra Pradesh, Through SHO, Patchipenta Parvathipuram District, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. P.S, ...RESPONDENT N0.1/RESP0NDENT N0.1 2. Potnuru Gopala Krishna, S/o.Appala Naidu, aged abt 34 years, R/o. Sri Rama Colony, Kottaki, Mirthivala, Ramabhadrapuram, Vizianagaram. ...RESPONDENT N0.2/PETITI0NER Petition under Section 528 of BNSS & R/w 359 (6) of BNSS., praying ihat in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant permission to compromise the offences under the Charge Sheet vide PRC.No.6/2023, on the file of the Judicial Magistrate of First Class, Salur, Vizaianagaram District against the Petitioner. • (Joint compromise memo enclosed vide separate sheet) lA NO: 4 OF 2025 Petition under Section 528 of BNSS r/w 359 (2) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to compromise the offences under the Charge Sheet vide PRC.No.6/2023, on the file of the Judicial Magistrate of First Class, Salur, Vizaianagaram District against the Petitioner. lA NO: 5 OF 2025 Between: Suvvada Usha Rani, D/o. Late Satyam, Aged abt 29 years, R/o. Mirthivalasa Village, Ramabhadrapuram, Vijayanagaram. ...PETITIONER/RESPONDENT N0.2 AND 1. The State of Andhra Pradesh, Through SHO, Patcbipenta P.S, Parvathipuram District, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi. ...RESPONDENT N0.1/RESP0NDENT N0.1 Potnuru Gopala Krishna, S/o.Appala Naidu, aged abt 34 years, R/o. Sri Rama Colony, Kottaki, Mirthivala, Ramabhadrapuram, Vizianagaram. ...RESPONDENT N0.2/PETITI0NER Petition under Section 528 of BNSS r/w 359 (2) 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 alleged offences U/s.417, 2. % 420 & 376 IPC and Sec.313 IPC (added subsequently) in the PRC.No.6/2023, on| the file-of the Judicial Magistrate of First Class, Salur, Vizianagaram District against the Petitioner. Counsel for the Petitioner: SRI ANAND KUMAR KOCHIRI Counsel for the Respondent No.1 : PUBLIC PROSECUTOR Counsel for the Respondent No.2 : M/S MARUPILLI SARADA The Court made the following ORDER : APHC010376852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.3 to 5 of 2025 In/and CRIMINAL PETITION No. 7772/2025 Between: l.POTNURU GOPALA KRISHNA, S/O.APPALA NAIDU, AGED ABT 34 YEARS, R/O.SRI RAMA COLONY, KOTTAKI, MIRTHIVALA, RAMABHADRAPURAM, VIZIANAGARAM. ...PETITIONER/ACCUSED AND l.THE STATE OF ANDHRA PRADESH, THROUGH SHO, PATCHIPENTA P.S, PARVATHIPURAM DISTRICT REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. 2.XXXX, XXXX ...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 Court may be pleased to Quash the proceedings PRC.No.6/2023, on the file of the Judicial Magistrate of First Class, Salur, Vizianagaram District,and pass Counsel for the Petitioner/accused: LANAND KUMAR KOCHIRI Counsel for the Respondent/complainant(S): l.MARUPILLI SARADA 2. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: The instant Criminal Petition is filed by the Petitioner under Section 482 of the Code of Criminal Procedure, 1973 (For short 'Cr.P.C.') for the following relief: "... to Quash the proceedings PRC.No.6/2023 , on the file of the Judicial Magistrate of First Class, Salur, Vizaianagaram District, and pass ..." 2 A 2. I.A.No.5 of 2025 is filed by the Respondent No.2/complainant under 359 (2) of BNSS seeking permission to compound the offences under Sections 417, 420 & 376 and 313 IPC in PRC No.6 of 2023 on the file of the Court of Judicial Magistrate of First Class, Salur, Vizianagaram District against the Petitioner. 3. I.A.Nos.3 & 4 of 2025 are filed by Respondent No.2/complainan t under 528 read with 359(6) & 359(2) BNSS seeking to record the compromise with regard to the above case. 4. Petitioner/Accused is a reserved sub Inspector of Police at SARCPL AP Unit. Respondent No.2/ De /acto Complainant is working as a nurse at a Nursing Home at Salur. The allegation levelled against the Petitioner is that he made believed respondent No.2/Z7e facto Complainant that he will marry her and had sexual intercourse with her. Later he rejected to marry her while she was 4^^ month pregnancy and later her pregnancy was terminated. She gave a complaint to the Police which is the subject matter of this Case. 5. Petitioner/Accused in individual capacity and Respondent No.2 appeared 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. 6. Learned Assistant Public Prosecutor appearing for respondent State is in attendance. 7. Now the parties are intending to compromise the issue and filed a joint memo along with the Certificate of Marriage of Petitioner with respondent No.2 showing that their marriage was performed on 08.06.2025, to that effect. 8. Considering the submissions, in the interests of justice, I.A.Nos.3 to 5 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the Proceedings against the Petitioner/Accused in PRC No.6 of 2023 on the file of the Court of Judicial Magistrate of First Class, Salur, Vizianagaram District, are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand SD/- K.TATARAO DEPUTY REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Salur, Vizianagaram District 2. The Station House Officer, Pachipenta Police Station, Vizianagaram District. 3. One CC to Sri Anand Kumar Kochiri Advocate [OPUC] 4. One CC to M/s Marupilli Sarada Advocate [OPUC] 5. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Two CD Copies SAM TAC (Along With Joint Compromise Memo To The Addresses) HIGH COURT DATED:31/07/2025 COMMON ORDER I.A Nos.3 to 5 of 2025 In/And 1° S ' 3 AUG 2025 Ol .<59. Section CRLP NO. 7772 OF 2025 I.A Nos.3 to 5 of 2025 ARE ALLOWED ALLOWING THE CRLP JOINT MEMO It IS submitted that, the Petitioner and the Respondent No.2, with the intervention of the Elders has amicabily settled the issue and compromised the disputes between the Petitioner and Respondent No.2. The Petitioner and Respondent No.2 marriage was performed on 26.06.2025 and are now living happily and the Respondent No.2 intends to close to prosecution against the Petitioner. Hence, this Joint Memo is filed in pursuance of the said compromise. Counsel ton the Petitioner Counsel fojr the Respondent No.2 PETtrioNfi^MicuSmS^ RESPONDEfJT I'S0:2'