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2025 DAILYLAW 26682 (AP)

Narra Chitti Babu, v. The State of ANDHRA PRADESH

CRLP/6076/2024 · 2025-01-08

B V L N Chakravarthi

body2025

Judgment text

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IN THE HIQH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI I.A Nos.3 &4of 2024 In/and CRIMINAL PETITION NO: 6076 OF 2024 BETWEEN:- Narra Chitti Babu, S/o. Apprao, Aged About 26 years. R/o Door No. 1- 33, Thurpu Madhavaram Village, A.Konduru Mandal, NTR District. ...Petitioner/Accused-5 AND 1. The State of Andhra Pradesh, Through Nunna Police Station Vijaywada City, Rep., by its Public Prosecutor, High Court Building Nelapadu Amaravati. 2. Chirumamilla Ramya, W/o. Ramakrishna, Aged about 27 years, R/o.D.No.1-61,Munagacharla Village, Nandigama Mandal, NTR District. ...Respondent/Defacto-Complainant Petition under Section 528 OF BNSS and as per old sections 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 quash the proceedings in FIR.No.370 of 2024 U/s 306 r/w 34 IPC of Nunna Police Station, Vijayawada City against the Petitioner/Accused No.5. 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 grant stay of all further proceedings in :"rFIR.No.370 of 2024 U/s. 306 r/w. 34 IPC of Nunna Police Station, Vijayawada City against the Petitioner/Accused No.5. I.A. NO: 3 OF 2024 BETWEEN:- Chirumamilla Ramya, W/o. Ramakrishna, Aged about 27 R/o.D.No.1-61,Munagacharla Village, Nandigama Mandal, NTR District. years ...Petitioner/Respondent/Defacto Complainant AND 1. Narra Chitti Babu, S/o. Apprao, Aged About 26 years, R/o Door No. 1- 33, Thurpu Madhavaram Village, A.Konduru Mandal, NTR District. 2. The State of Andhra Pradesh, Through Nunna Police Station, Vijaywada City, Rep., by its Public Prosecutor, High Court Building, Nelapadu Amaravati. ...Respondents/Petitioners/Accused No.5 Petition under Section 359(2) of B.N.S.S. 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, on the file of Nunna Police Station, Vijayawada City, against Accused no.5 by compounding the offence in terms of compromise. * Joint compromise memo enclosed vide separate sheet I.A. NO: 4 OF 2024 BETWEEN:- Chirumamilla Ramya, W/o. Ramakrishna, Aged about 27 R/o.D.No.1-61,Munagacharla Village, Nandigama Mandal, NTR District. years ...Petitioner/Respondent/Defacto Complainant AND I.Narra Chitti Babu, S/o. Apprao, Aged About 26 years, R/o Door No. 1-33, Thurpu Madhavaram Vihage, A.Konduru Mandal, NTR District. 2.The State of Andhra Pradesh, Through Nunna Police Station, Vijaywada City, Rep., by its Public Prosecutor, High Court Building, Nelapadu Amaravati. ...Respondents/Petitioners/Accused No.5 Petition under Section 359(6) of B.N.S.S. 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.5. 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 behalf of the Respondent No.1 and Sri K Puma Chandra Sai on behalf of the Respondent No.2. on The Court made the followingiORDER APHC010378422024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSANDAND TWENTY FIVE [3368] /«'■ PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 6076/2024 Between: 1.NARRA CHITTI BABU,, S/0 APPRAO, AGED ABOUT 26 YEARS, R/0 DOOR NO. 1-33, THURPU MADHAVARAM VILLAGE, A.KONDURU MANDAL, NTR DISTRICT. ...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.CHIRUMAMILLA RAMYA, W/0 RAMAKRISHNA ABOUT 27 YEARS VILLAGE, NANDIGAMA MANDAL, NTR DISTRICT. ...RESPONDENT/COMPLAINANT(S): AGED R/0.D.N0.1-61,MUNAGACHARLA 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: n 2 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI lA Nos.3 and 4 of 2024 in/and Criminal Petition No:6076 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.5, to quash the proceedings in Crime No.370 of 2024 on the file of Nunna Police Station. Vijayawada City, Krishna District. 2. Heard learned counsel for the petitioner/ Accused No.5 and learned counsel representing for the unofficial respondent No.2 (defacto-complainant) and learned Additional Public Prosecutor representing the State present. 3. Today, when the matter is taken up, petitioner herein/Accused No.5 and 2^^^^ respondent herein are present before this Court. They produced their respective Aadhaar Cards in proof of their identity. Learned counsel for the petitioner / Accused No.5 and the learned counsel for the 2^*^ respondent have identified both the parties in the open Court. 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.5. 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 Vs. State of Punjab & another^ quashing of criminal case, when the parties entered into 5. on 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.5 is hereby quashed. 6. Accordingly, I.A.Nos.3 and 4 of 2024 and Criminal Petition No.6076 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// SECTION OFFICER To, 1. The Station House Officer, Nunna Police Station, Krishna District. 2. One CC to Sri. T M K Chaitanya, Advocate [OPUC] 3. One CC to Sri K Puma Chandra Sai, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Three C.D Copies, (along with joint compromise memo to the addresses) SSL ns * i. i' % O-. HIGH COURT DATED:08/01/2025 ORDER I.A Nos.3 & 4 of 2024 In/and CRLP.NO.6076 OF 2024 I k APR 2C25 ^ . Ciment Section % I.A Nos.3 & 4 of 2024 are ALLOWED CRIMINAL PETITION IS ALLOWED. TfT / HIGH COURT OF ANDHRA PRADESH AT AMARAVATI I.A.NO. OF 2024 In CRL.P.No. 6076 OF 2024 BETWEEN: Narra Chitti Babu, S/o Apprao, Aged About 26 years, R/o Door No. 1-33, Thurpu Madhavaram Village A.Konduru Mandal, NTR District. ...Petitioner/Accused No.5 AND 1. The State of A.P, Through Nunna P.S, Vijaywada City, Rep by its Public Prosecutor, High Court Building, Nelapadu Amaravati. 2. Chirumamilla 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 had lodged a report before Nunna police station alleging that 1. her mother was a fruits vendor and group leader in Spandana and CFW loans. Further alleged that her father left them 10 years ago, from their onwards her mother was taking care of two female children. Further alleged that the mother of complainant borrowed some amounts to perform the marriages of two female children, due to unbearable mental agony she was depressed since some time. Further alleged that on 25-06-2024 complainant mother hanged herself with a saree to the ceiling fan in the kitchen in GF3, Block 15, Vombay colony. By the support of the neighbors broken the doors, cut the saree knot and removed the body. By that time her mother had died. 2. it is submitted that Initially on 25-6-2024, at 12.30 PM Crime no. 370 of 2024 U/s 174 Crpc was registered against petitioners and some others, basing upon the complaint lodged - by the daughter of the deceased/2'^‘^ respondent herein. After conducting preliminary investigation and inquest, the section of law was altered to an offence under section 306 r/w 34 IPC at 7.30 PM on the same day. I submit that the intervention of the well wishers and elders of the both parties settled the matter amicably out of the court. That due to the said reasons, I withdraw the complaint for which I am Affidavit stating that I am ready to withdraw the above said case. 3. came forward to also executed an 4. It is submitted that the matter is settled out of the court, I am ready to withdraw the case against the petitioners considering all the above circumstances this Hon'ble Court TT 4 may be pleased to quash the proceedings in FIR.No. 370/2024, dated on the file of Nunna Police Station, 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. 5 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. f: AMARAVATI DATE: o2r-1 <1=2024 Petitioner V A . v'-~- Counsel for Petitioner V'\ \ \C- ' Counsel for Respondent Respondent