Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 26678 (AP)

ADURI KUMARA SWAMY v. THE STATE OF ANDHRA PRADESH

CRLP/6105/2024 · 2025-01-08

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI I.A Nos.3 & 4 in/and CRIMINAL PETITION NO: 6105 OF 2024 BETWEEN:- Aduri Kumara Swamy, S/o Charles, Aged About 25 Thurpu Madhavaram Village A.Konduru Mandal, NTR District years, R/o Door No. 1-100 ...Petltioner/Accused-4 AND 1. The State of Andhra Pradesh, through Nunna P.S, Vijayawada City, Rep,, by its Pubiic Prosecutor, High Court Buiiding, Nelapadu Amaravati. 2. Chirumannilia Ramya, W/o. Ramakrishna, Aged about 61,Munagacharia Viilage, Nandigama Mandal, NTR District. 27 years, R/o.D.No.1- ...Respondent/Defacto-Complainants praying that in the circumstances Petition, the High Court may be pieased to quash the proceedings in FIR,No,370 of 2024 U/s 306 r/w 34 iPC of Nunna Poiice Station, Vijayawada City, against the Petitioner/Accused Petition under Section 528 of B.N.S.S stated in the Memorandum of Grounds of Criminal No.4. I.A. NO: 2 OF 2(t9d Petition under Section 482 of Cr.P.C statjd in the Memorandum of Grounds of Criminal Petition, the High Court may be rt^sed to grant stay of ali further proceedings in FIR.No. 370/2024 U/s 306 r/w 34 of Nunna Police Station, Vijayawada City I.A. NO: 3 OF 2024 praying that in the circumstances against the Petitioner/Accused BETWEEN:- Chirumannilla Ramya, W/o. Ramakrishna, Aged about 27 61,Munagacharla Village, Nandigama Mandal, NTR District. years, R/o.D.No.1- ...Petitioner/Respondent/Defacto Complainant AND 1. Aduri Kumara Swamy, S/o Charles, Aged about 25 years, R/o Door No. 1- 100, Thurpu Madhavaram Village A.Konduru Mandal, NTR District 2. The State of Andhra Pradesh, through Nunna P.S, Vijayawada City, Rep its Public Prosecutor, High Court Building, Nelapadu Amaravati. .. by ...Respondents/Petitioners/Accused No.4 Petition under Section 359(2) BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR.No. 370/2024, dated 25-06-2024, Police Station, Vijayawada City, against Accused No.4 offence in terms of compromise. on the file of Nunna by compounding the I.A. NO: 4 OF 2024 BETWEEN:- Chirumannilla Ramya, W/o. Ramakrishna, Aged about 27 61,Munagacharla Village, Nandigama Mandal, NTR District. years, R/o.D.No.1- ...Petitioner/Respondent/Defacto Complainant AND 1. Aduri Kumara Swamy, S/o Charles, Aged about 25 years, R/o Door No. 1- 100, Thurpu Madhavaram Village A.Konduru Mandal, NTR District 2. The State of Andhra Pradesh, through Nunna P.S, Vijayawada City, Rep., by its Public Prosecutor, High Court Building, Nelapadu Amaravati. ...Respondents/Petitioners/Accused No.4 Petition under Section 359(6) 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 to compromise the case in FIR.No.370/2024, dated 25-06-2024 on the file of Nunna Police Station, Vijayawada City, against Accused No.4. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri.T.M K.Chaitanya, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1, and K. Puma Chandra Sai, Advocate none appeared for the respondent No.2 The Court made the followingiORDER APHC010378452024 pis IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 6105/2024 Between: 1.ADURI KUMARA SWAMY, S/0 CHARLES, AGED ABOUT 25 YEARS, R/0 DOOR NO. 1-100 MADHAVARAM VILLAGE A.KONDURU MANDAL, NTR DISTRICT THURPU ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THROUGH NUNNA REP BY ITS PUBLIC HIGH COURT BUILDING, NELAPADU P.S, VIJAYWADA CITY, PROSECUTOR, AMARAVATI. 2.CHIRUMANNILLA RAMYA, W/0 RAMAKRISHNA, AGED ABOUT 27 YEARS VILLAGE, NANDIGAMA MANDAL, NTR DISTRICT. R/O.D.NO.1-61 ,MUNAGACHARLA ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.TM KCHAITANYA Counsel for the Respondent/complainant(S): 1.KOMARASETTY PURNA CHANDRA SAI 2. PUBLIC PROSECUTOR The Court made the following; 2 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI lA Nos.3 and 4 of 2024 in/and Criminal Petition No:6105 of 2024 COMMON ORDER: This Criminal Petition, under Section 482 of Cr.P.C. (Section 528 of B.N.S.S., 2023) has been filed on behalf of the petitioner herein/Accused No.4 to quash the proceedings in Crime No.370 of 2024 on the file of Nunna Police Station, Vijayawada City, Krishna District. Heard learned counsel for the petitionerZ/Accused No.4 and learned counsel representing for the unofficial respondent (defacto-complainant) and learned Additional Public Prosecutor representing the State present. 2. No.2 taken up, petitioner respondent herein are present Today, when the matter is 3. nd herein/Accused No.4 and 2 I before this Court. They produced their respective Aadhaar Cards Learned counsel for the in proof of their identity. petitioner/ZAccused No.4 and the learned counsel for the 2 respondent have identified both the parties in the open Court. nd This Court has questioned 2"^^ respondent herein/de facto complainant with regard to compromise, and she categorically 4. 3 Stated to that extent that she has voluntarily entered into compromise with the petitioner herein/Accused ,No.4. 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. 5. In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & another^ quashing of criminal case, when the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the case proceedings in Crime No.370 of 2024 on the file of Nunna Police Station, Vijayawada City,' Krishna District, against the petitioner herein/Accused No.4 is hereby quashed. on 6. Accordingly, I.A.Nos.3 and 4 of 2024 and Criminal Petition No.6105 of 2024 are allowed. As a sequel thereto, the interlocutory applications, if any pending in this Criminal Petition shall stand closed. '' 2012(9) Scale 257 Sd/- B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// S ON OFFICER To, 1. The Station House Officer, Nunna P.S, Vijaywada City. 2. One CC to Sri. T.M.K. Chaitanya, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] € 4. One CC to Sri. K. Puma Chandra Sai, Advocate [OPUC] 5. Three CD Copies SSL ns • Along with joint compromise memo to the addresses ■> «. 5. A # HIGH COURT DATED:08/01/2025 ORDER LA Nos.3 & 4 in/and CRLP.NO.6105 OF 2024 andh/^ 0^AFR2C?5 . Current Section ^ I.A Nos.3 & 4 are ALLOWED CRIMINAL PETITION IS ALLOWED. HIGH COURT OF ANDHRA PRADESH AT AMARAVATI / I.A.NO. OF 2024 In CRLP.No. 6105 OF 2024 BETWEEN: Aduri Kumara Swamy, S/o Charles, Aged About 25 years, R/o Door No. 1-100, Thurpu Madhavaram Village, A.Konduru Mandal, NTR District. ...Petitioner/Accused No.4 AND 1. The State of A.P, Through Nunna P.S, Vijaywada City, Rep by its Public Prosecutor, High Court Building, Nelapadu Amaravati. 2. Chirumpmilla Ramya, W/o Ramakrishna, Aged about 27 years, R/o.D.No.1-61,Munagacharla village, Nandigama Mandal, NTR District. Respondent/ Defacto Complainant JOINT MEMO May it please your lordship It is to submit that the allegation of the complaint is that on 25-06-2024, Chirumamila Ramya/daughter of the deceased 1. 0 ge a report before Nunna police station her mother was a fruits vendor and and CFW loans. Further years ago, from their two female children, complainant borrowed alleging that group leader in Spandana alleged that her father left them 10 onwards her mother Further alleged that was taking care of the mother of some amounts to due to unbearable perform the mental marriages of two female children, agony she was depressed sisince some time. Further alleged complainant mother hanged herself saree to the ceiling fan in the kitchen i Vombay colony. By the that on 25-06-2024 with a in GF3, Block 15, support of the neighbors broken saree knot and removed the body. By that time her mother had died. the doors, cut the 2- It is submitted that Initially Crime no. 370 of 2024 U/s petitioners, and on 25-6-2024. ai 12.30 PM 174 Crpc was registered against lodged bv th her! ' After d erein. After condocting preiiminary investigation and inquest the section of law was altered to r/w34 IPC at 7.30 PM an offence under section 306 on the same day. 3. I submit that the intervention elders of the both parties settled of the well wishers and the matter amicably out of the said reasons, I court. That due to the withdraw the came forward to am also executed am ready to withdraw the above complaint for which I an Affidavit stating that I said case. 4. It is submitted that the ready to withdraw the matter is settled out of the court, I case against the petitioners am /(ff'W; considering all the above circumstances this Hon'ble Court may be pleased to quash the proceedings in FIR.No. on the file of Nunna Police Station, 370/2024, dated Vijayawada City,, otherwise the petitioners and their family members will suffer irreparable loss. It is therefore prayed that this Hon'ble Court may be pleased to record the compromise statement and quash the FIR.No. 370/2024, dated 25-06-2024 on the file of Nunna Police Station, Vijayawada City, against Accused no.4 in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. Hence, this Joint Memo. AMARAVATl DATE:oSr-in^024 Petitioner /■ 'I''.O'. '' Counsel fgr Petrti^fter j L VV Respondent Counsel for F^p©p4eftt