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2025 DAILYLAW 26766 (AP)

Pathur Arun Kumar v. The State of Andhra Pradesh

CRLP/7784/2025 · 2025-08-12

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010378542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI LA.Nos. 2 TO 4 OF 202fi PRATAPA IN/AND CRIMINAL PETITION NO: 7784 OF 2025 Between; Pathur Arun Kumar, S/o P.Ravi Kumar Government Employee, R/o. S.C Colony, Ravulapalle Kadapa, District, A.P. Aged about 35 Years, Occ; Village, Y.S.R. ...Petitioner/Accused AND 1. The State of Andhra Pradesh Police Station, Beerangi Kothakota Town Station House Officer, B. Kothakota Annamaiah District, Andhra , Amaravathi. years, R/o. Revenue Ward No.41, Pradesh. Pradesh, Rep. by its Public Prosecutor, High Court of AP 2. Gollapalli Liliypushpa, D/o. Vijayabhaskar, Aged 37 D.No.72-32-19/1 Rajamahendravaram, East Godavari, Andhra Sai Durga Nagar, ...Respondents Petition under Section 528 of BNSS, stated in the Memorandum of Grounds of praying that in the circumstances Criminal Petition, the High Court may be pleased to call for the records in FIR No.93 of 2025 dated 15-07-2025 on the file of the Station House Officer, B. Kothakota Police Station Kothakota Town, Annamaiah District, Andhra Pradesh and as the same is illegal, arbitrary and abuse of process of law. lA NO: 1 OF 2n2fi Beerangi quash the same Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition may be pleased to grant stay of all further proceedings including petitioner/ Accused in FIR No. 93 of 2025 dated 15-07-2025 the High Court arrest of the on the file of the station House Officer, B.Kothakota Kothakota Town, Annamaiah District, Andhra Pradesh pending disposal of the above CrI.P. lA NO: 2 OF 207R Between: Gollapalli Lillypushpa, D/o. Vijayabhaskar D.No.72-32-19/1 Aged 37 years, R/o. Sai Durga Nagar Rajamahendravaram, East Godavari, Andhra Pradesh. Revenue Ward No.41 ...Petitioner/Respondent No.2 AND 1. Pathur Arun Kumar, S/o P.Ravi Kumar, Aged about Government Employee, R/o. S.C Colony, Ravulapalle Village Kadapa, District, A.P. 35 Years, Occ: Y.S.R. ...Respondent/ Petitioner 2. The State of Andhra Pradesh, Station House Officer, B.Kothakota Police Station, Beerangi Kothakota Town, Annamaiah District, Andhra Pradesh, Rep. by its Public Prosecutor, High Court of AP, Amaravathi. ...Respondent/Respondent No.1 Petition under Section 359 (6) of BNSS r/w 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 permit the petitioner/respondent No.2 and the respondent/petitioner to compound the Dated 15-07-2025 on the file of the Station offence in FIR No.93 of 2025, r House Officer, B.Kothakota Police Annamaiah District, Andhra Pradesh by recording Station Beerangi Kothakota Town compromise. lA NO: 3 OF Between: Gollapalli Lillypushpa, D/o. Vijayabhaskar, D.No.72-32-19/1, Rajamahendravaram, East Godavari, Andhra Pradesh. Aged 37 years, R/o. Sai Durga Nagar, Revenue Ward No.41 ...Petitioner/Respondent No.2 AND 1. Pathur Arun Kumar, S/o P.Ravi Kumar Government Employee, R/o. S.C Colony, Ravulapalle Kadapa, District, A.P. Aged about 35 Years, Occ: Village, Y.S.R. ...Respondent/ Petitioner B.Kothakota Annamaiah District, Andhra Amaravathi. ...Respondent/Respondent No.1 2. The State of Andhra Pradesh, Station House Officer Police Station, Beerangi Kothakota Town Pradesh, Rep. by its Public Prosecutor, High Court of AP Petition under Section 359 (2) of BNSS r/w 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 record the and permit the Petitioner/Respondent No.2 compromise to compound the offence in FIR No.93 of 2025, dated 15-07-2025 on the file of the Station House Officer, B.Kothakota Police Station, Beerangi Kothakota Town, Annamaiah District! Andhra Pradesh and quash the same by recording compromise. lA NO: 4 OF 2025 Between: Gollapalli Lillypushpa, D/o. Vijayabhaskar, Aged 37 years, R/o. D.No.72-32-19/1 Sai Durga Nagar, Revenue Ward No.41 Rajamahendravaram, East Godavari, Andhra Pradesh. ...Petitioner/Respondent No.2 AND 1. Pathur Arun Kumar, S/o P.Ravi Kumar, Aged about 35 Years, Occ; Government Employee, R/o. S.C Colony, Ravulapalle Village, Y.S.R. Kadapa, District, A.P. ...Respondent/Petitioner 2. The State of Andhra Pradesh, Station House Officer, B.Kothakota Police Station, Beerangi Kothakota Town, Annamaiah District, Andhra Pradesh, Rep. by its Public Prosecutor, High Court of AP, Amaravathi. ...Respondent/Respondent No.1 Petition under Section 359 (8) of BNSS r/w 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 record the compromise and permit the Petitioner/Respondent no.2 to compound the offence in FIR No.93 of 2025, dated 15-07-2025 on the file of the Station House Officer, B.Kothakota Police Station, Beerangi Kothakota Town, Annamaiah District, Andhra Pradesh and quash the same by recording compromise. Counsel for the Petitioner: Sri Yaswanth Gade Counsel for the Respondents: The Public Prosecutor, High Court of A.P. The Court made the following Common Order: APHC010378542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA l■A■Nos■2 to 4 of 2025 IN/AND CRIMINAL PETITION NO: 7784/2025 Between: PATHUR ARUN KUMAR, S/0 P.RAVI KUMAR AGED ABOUT 35 YEARS, OCC GOVERNMENT EMPLOYEE R/O.S.C COLONY, RAVULAPALLE VILLAGE , Y.S.R. KADAPA DISTRICT, A.P ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, STATION HOUSE OFFICER, B.KOTHAKOTA POLICE STATION, BEERANGI KOTHAKOTA TOWN, ANNAMAIAH DISTRICT, ANDHRA PRADESH REP.BY PUBLIC PROSECUTOR HIGH COURT OF AP,AMARAVATHI. 2.GOLLAPALLI LILLYPUSHPA, D/0.VIJAYABHASKAR, AGED 37 YEARS, R/O.D.NO.72-32-19/1, SAI DURGA NAGAR, REVENUE WARD No.41, RAJAMAHENDRAVARAM, EAST GODAVARI, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.YASWANTH GADE Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the 2 Petitioner / Accused, seeking to quash the proceedings against him in Crime No.93 of 2025 of B.Kothakota Police Station, Annamaiah District registered for the offences under Sections 64 (2) (i) and 77 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). I.A.Nos.2 to 4 of 2025 are filed by Respondent No.2/Complainant under Section 359 of BNSS seeking permission to compound the offences and to compromise the matter with the Petitioner/Accused. Petitioner / Accused and Respondent No.2 appeared before this Court and were identified by their respective learned counsel. Copies of 2. 3. their Aadhar cards attested by their respective counsel are filed for proper identification. Both parties would submit that they came to an amicable 4. settlement for withdrawal of the case in Crime No.93 of 2025 of B.Kothakota Police Station, Annamaiah District pending between them and a Joint Memo dated 24.07.2025 was also filed to that effect. Respondent No.2 submits that, they compromised the matter and hence. the case may be closed. Considering the submissions, in the light of the judgment of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another\ in 5. terms of the mediation held between the parties, since there is an amicable settlement between the parties, I.A.Nos.2 to 4 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case 2012(10)SCC303 3 against the Petitioner / Accused in Crime No.93 of 2025 of B.Kothakota Police Station, Annamaiah District, is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _ Aol.o;® PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// // ^ SECTION OFFICER To, 1- The Station House Officer B.Kothakota Police Station Andhra Pradesh. Advocate [OPUC] 3. Two CC-s to the Public Prosecutor, High Court of A.P. [OUT] 4. Three CD Copies Beerangi Kothakota Town, Annamaiah District 2. One CO to Sri Yaswanth Gade GPC sree V.- HIGH COURT ■■ k . DATED: 13/08/2025 COMMON ORDER I.A.Nos.2 to 4 of 2024 IN/ AND CRLP NO. 7784 OF 2025 ^ t o SEP 2025 ^ . Current Section % X ALLOWING THE I.A.Nos.2 to 4 of 2025 AND ALLOWING THIS CRIMINALPETITION