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2025 DAILYLAW 26858 (AP)

DHANUSH KRISHNA CHELLUBOINA v. The State of Andhra Pradesh,

CRLP/6907/2019 · 2025-02-03

V Sujatha

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA lA.Nos. 1 and 2 of 2025 In / and CRIMINAL PETITION NO: 6907 OF 2019 Between: 1. Dhanush Krishna Chelluboina, S/o.Srinivas Rao Chelluboina, aged about 21 years, R/0 5- 4-58, Kolluri Gardens, Surya Nagar, Amalapuram, East Godavari District 533201 2. GubbalaSiddi Ganesh, S/o.Gubbala Satyanarayana Murthy, Aged About 21 years, R/0 5-35, R R Nagar, Edarapalli, East Godavari District - 533201 3. Bandigupthapu Hemanth, S/o. Bandigupthapu Nageswara Rao, Aged about 22 years, R/0 4-121, main road, allayaram, Allavaram, East Godavari - 533217 ...Petitioner/Accused AND 1. The State of Andhra Pradesh, rep by it's Public Prosecutor, High Court of AP at Amaravathi. ...Respondent 2. Bairisetti Maha Devi Renuka, D/o.Tulasiram, Aged 25 years, R/o.Dunga Vari Street, Surya Nagar, Amalapuram, East Godavari District. ...Respondent / De-facto Complainants that in the under Section 482 of Cr.P.C praying Petition circumstances stated in the Memorandum of Grounds of Criminal Petition, FIR No. 255 of 2019 on the file the High Court to quash the proceedings in /dj liiet Amalapuram Town Police Station, Amalapuram, East Godavari ‘ V District I.A. NO: 1 OF 2025 Between: Bairisetti Maha Devi Renuka, D/o.Tulasiram, Aged 27 years, R/o.Dunga Vari Street, Surya Nagar, Amalapuram, East Godavari District. ...Petitioner/ 2"'* Respondent/Complainant AND of Andhra Pradesh, rep by it's Public Prosecutor, High Court 1. The State of AP at Amaravathi. Dhanush Krishna Chelluboina, S/o.Srinivas Rao Chelluboina, aged R/o 5- 4-58, Kolluri Gardens, Surya Nagar, 2. Sri about 31 years Amalapuram, East Godavari District 533201 Siddi Ganesh, S/o.Gubbala Satyanarayana Murthy, Aged About 26 years, R/O 5-35, R R Nagar, Edarapalli, East Godavari District - 533201 3. Gubbala 4. Bandigupthapu Hemanth, S/o. Bandigupthapu Nageswara Rao, Aged about 26 years, R/O 4-121, main road, Allayaram, Allavaram, East Godavari - 533217 ....Respondent / Petitioners / Accused 1 to 3 Petition under Section 320(2) of the Cr.P.C praying that in the Memorandum of Grounds of Criminal circumstances stated in the Petition,the High Court may be pleased to Quash the F.I.R.No.255/2019 dated 08-11-2019 on the file of Amalapuram Town Police Station , Amalapuram, by recording the Compromise by compounding the offence in terms of compromise in the interest of justice. / I.A. NO: 2 OF 2025 Between: Bairisetti Maha Devi Renuka, D/o.Tulasiram, Aged 25 years, R/o.Dunga Vari Street, Surya Nagar, Amalapuram, East Godavari District. ...Respondent / Petitioner / De-facto Complainant AND The State of Andhra Pradesh, rep by it’s Public Prosecutor, High Court of AP at Amaravathi. 1. ...Respondent Sri Dhanush Krishna Chelluboina, S/o.Srinivas Rao Chelluboina, aged about 26 years, R/0 5- 4-58, Kolluri Gardens, Surya Nagar, Amalapuram, East Godavari District (A1) Gubbala Siddi Ganesh, S/o.Gubbala Satyanarayana Murthy, Aged About 26 years, RIO 5-35, R R Nagar, Edarapalli, East Godavari District (A2) Bandigupthapu Hemanth, S/o. Bandigupthapu Nageswara Rao, Aged about 27 years, R/0 121, main road, allayaram, Allavaram, East Godavari (A3) 2. 3. 4. ...Petitioners / Respondent / Accused 1 to 3 Petition under Section 320(6) of Criminal Procedure Code, 1973 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 compound and compromise the case in FIR No.255 of 2019 dated 08.11.2019 on the file of Amalapuram Town Police Station, Amalapuram in the interests of justice. l.A. NO: 1 OF 2019 Section 482 of Cr.P.C praying that in the Petition under circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in FIR No. 255 of 2019 on the file the Amalapuram Town Police Station, Amalapuram, East Godavari District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P Durga Prasad ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri. M. Surya Kumar Advocate for the Respondent No.2. The Court made the following: ORDER APHC010380342019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 6907/2019 Between: Dhanush Krishna Chelluboina ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT{S) Counsel for the Petitioner/accused: 1.P DURGA PRASAD Counsel for the Respondent/complainant(S): 1.M SURYA KUMAR 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 VS,J Crlp_6907_2019 I.A.Nos.l and 2 of 2025 in/and Criminal Petition No.6907 of 2019 The present Criminal Petition is filed under Section 482 of Cr.P.C., seeking quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.255 of 2019 on the file of Amalapuram Town Police Station, Amalapuram, East Godavari District registered for the offences under Sections 376(1), 417, 420, 493 r/w 109 IPC. 2. Heard Mr.P.Durga Prasad, learned counsel for the petitioners and Mr.M.Surya Kumar, learned counsel for the de facto complainant/R2. Learned Public Prosecutor representing the State is present. 3. The de facto complainant filed I.A.Nos.l and 2 of 2025 in the present criminal petition, duly enclosing a Joint Memo and MOL) entered between the petitioners as well as de facto complainant on 21.01.2025. It is stated that at the intervention of elders on both sides, the petitioners and the de facto complainant have amicably settled the matter out of the Court. 3 Crip 6907 2019 In view of the same, the de facto complainant prayed to record the compromise and allow the criminal petition. 4. Today, when the matter is taken up, petitioners are present in person before this Court. The de facto complainant i.e. Bairisetty Maha Devi Renuka is also present in person before this Court. The parties are identified by their respective counsels. This Court has questioned the de facto complainant with regard to compromise, and she categorically stated that she has voluntarily entered into compromise with the accused and has agreed to withdraw the Crime No.255 of 2019 on the file of Amalapuram Town Police Station, Amalapuram, East Godavari District filed by her as against the petitioners herein/accused Nos.1 to 3. 5. 6. This Court is satisfied with the identification of the parties and terms of the compromise. In view of the compromise arrived between the parties, the chances of conviction remote and bleak. are 1’ " 7. In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh v. State of Punjab & another^ quashing of criminal permitting case, when the parties entered into settlement and compromise, these Criminal Petition is allowed and therefore, the proceedings in Crime No.255 of 2019 file of Amalapuram Town Police Station, Godavari District against the A1 hereby quashed. on the Amalapuram, East to A3/petitioners herein is 8. Accordingly, I.A.Nos.1 and 2 of 2025 and Petition No.6907 of 2019 are allowed. As a sequel, interlocutory applications pending, if any, in this petition, shall stand closed. the Criminal 12012(9) Scale 257 Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Amalapuram Town Police Station, Amalapuram, 2. OneCCto Sri. P Durga Prasad Advocate [OPUC] 3. One CC to Sri. Sri. M. Surya Kumar Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court of Andhra Pradesh [OUT] 5. Three CD Copies PR vna (ENCLOSING THE JOINT MEMO) HIGH COURT DATED:03/02/2025 ORDER lA.Nos. 1 and 2 of 2025 In / and CRIMINAL PETITION NO: 6907 OF 2019 ALLOWING THE lA.Nos. 1 and 2 of 2025 AND ALLOWING THE CRIMINAL PETITION 3 HIGH COURT OF ANDHRA PRADESH AT AMARAVATI OF 2025 LA .No. IN CRLP. No. 6907 / 2019 BETWEEN: l)Sri Dhanush Krishna Chelluboina S/o Srinivasa Rao Chelluboina, Aged 26 yrs , D.No.5-458, Kolluri Gardens, Surya Nagar, Amalapuram, East Godavari District. 2) Gubbala Siddi Ganesh S^Gubbala Satyanarayana Murthy , Aged 26 yrs D.No.5-35 , R.R. Nagar, Edarapalli, East Godavari District. 3). Bandigupthapu Hemanth Bandigapthapu Nageswara Rao , Aged 27 yrs, 4-121, Main Road, Allayaram , Allavaram, East Godavari District. ...Petitioners / Accused 1 to 3 AN D 1. The State of Andhra Pradesh Represented by its Public Prosecutor High Court at Amaravathi. 2.Bairisetti Maha Devi Renuka D/o Tulasiram Aged 31 yrs , R/oDurga Vari Street Surya Nagar, Amalapuram, East Godavari District. ...Respondents/ Complainant JOINT MEMO May it please your lordship. It is to submit that the 2^^^^ respondent is the Complainant main criminal petition and the petitioners are Accused 1 to 3 in 1. ^ ..(XcvYvcX- H F.I.R. No.255/2019 on the file of Amalapuram Town Police Station, Amalapuram. It is submitted that the 2"^* respondent gave complaint 2. before Amalapuram Town Police Station, Amalapuram, against the petitioners herein (Accused No. 1 to 3) and police registered a FIR vide F.I.R.No.255/2019, dated 08-11-2019 against the petitioners herein for Offences Punishable Under Sec. under the sections 376,417,420493 r/w 109 of I.P.C., It is submitted that at the intervention of the well wishers 3. and elders of the both parties settled the matter amicably out of the court. That due to the said reasons, the 2"*^ respondent I came forward to withdraw the complaint for which she had executed an Affidavit stating that she is ready to withdraw the above said case. It is therefore prayed that this Hon'ble Court may be pleased to record the compromise statement and quash the proceedings in F.LR.No.255/2019, dated 08.11.2019 on the file of Amalapuram Town Police Station , Amalapuram, in the interest of justice and y- B-'ReOMkcX Gv ' i c pass such other order circumstances of the Of orders may deem fit and proper in the case. Hence, this Joint Memo. Petitioner No. 1 ’ ^ Cv . 6 < Coilvil Petitioner No.2 Counsel for^etitioner 'r 6-Ho^'V)^W Petitioner No.3 Counsel for Respondent Respondent^No.2 Amaravathi Dt.