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2025 DAILYLAW 28253 (AP)

Majji Venkatesh v. THE STATE OF ANDHRA PRADESH

CRLP/8173/2025 · 2025-08-05

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010400952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA IANosJ&3of2^ in/and CRIMINAL PETITION No.8173 of 2025 CRIMINAL PETITION No.8173 of 2025 Between: 1. Majji Venkatesh, S/o. Parusuram Naidu, Aged 34 years, Government Employee, R/o. 1-96, BC Colony, Venkatapuram, Seethanagaram, Nidagallu, Vizianagaram. 2. M Parusuram Naidu, S/o. Venkata Naidu, Aged 55 years, Occ: Farmer, R/o. 1-96, BC Colony, Venkatapuram, Seethanagaram, Nidagallu, Vizianagaram. ...PETITIONERS/A1 & A2 AND 1. The State of Andhra Pradesh, (Mahila UPS, Vijayawada) Rep. by Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. 2. Bokka Sri Amrutha Sai, D/o. Venkateswara Rao, Aged 30 years, Physiotherapist, R/o. MIG-125, APHB Colony, Municipal School, Tadepalligudem, West Godavari District. f ...RESPONDENTS 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 Crime No.78/2025 of Mahila UPS, Vijayawada, Krishna District against the petitioners. Common C.T. in I.A.Nos.2 & 3 of 2025 Between: Bokka Sri Amrutha Sai, D/o. Venkateswara Rao, Aged 30 years Physiotherapist, R/o. MIG-125, APHB Colony, Municipal School Tadepalligudem, West Godavari District. ...PETITIONER/DEFACTO COMPLAINANT AND 1. Majji Venkatesh, S/o. Parusuram Naidu, Aged 34 years. Government Employee, R/o. 1-96, BC Colony, Venkatapuram, Seethanagaram, Nidagallu, Vizianagaram. 2. M Parusuram Naidu, S/o. Venkata Naidu, Aged 55 years, Occ: Farmer, R/o. 1-96, BC Colony, Venkatapuram, Seethanagaram, Nidagallu, Vizianagaram. ...RESPONDENTS/PETITIONERS/ACCUSED 1 & 2 3. The State of Andhra Pradesh, (Mahila UPS, Vijayawada) Rep. by Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. ...RESPONDENT/RESPONDENT ''■ii I ' lA NO: 2 OF 2025 Petition under Section 359(6) R/w 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's herein and respondents No.2 to compound the offences in Crime No.78/2025 of Mahila UPS, Vijayawada in view of the settlement arrived at between the parties. lA NO: 3 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 record the compromise and to quash Crime No.78/2025 of Mahila UPS, Vijayawada in view of the settlement arrived at between the parties. lA NO: 4 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 stay all further proceedings in Crime No.78/2025 of Mahila UPS, Vijayawada, against petitioners pending disposal of the main Criminal petition. : SRI ALAPATI LALITH NIKHIL Counsel for the Petitioners Counsel for Respondent No.1: PUBLIC PROSECUTOR Counsel for Respondent No.2: SRI CHALLA HRUDAY RAJ The Court made the following ORDER : APHC010400952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA l■A.Nos■2 & 3 of 2025 IN/AND CRIMINAL PETITION NO: 8173/2025 Between: 1.MAJJI VENKATESH, S/0. PARUSURAM NAIDU, AGED - 34 YEARS. GOVERNMENT EMPLOYEE, R/0. 1-96, BC COLONY, VENKATAPURAM VIZIANAGARAM. SEETHANAGARAM NIDAGALLU 2.M PARUSURAM NAIDU. S/0. VENKATA NAIDU, AGED 55 R/0. 1-96, BC COLONY, NIDAGALLU, YEARS, OCC FARMER VENKATAPURAM VIZIANAGARAM. SEETHANAGARAM, ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, MAHILA UPS, VIJAYAWADA REP.BY PUBLIC PROSECUTOR. HIGH COURT OF ANDHRA PRADESH. AT AMARAVATI. 2.BOKKA SRI AMRUTHA SAI, D/0. VENKATESWARA RAO, AGED 30 YEARS. PHYSIOTHERAPIST, R/0. MIG-125, APHB COLONY, MUNICIPAL SCHOOL, TADEPALLIGUDEM, WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1.ALAPATI LALITH NIKHIL Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2.CHALLAHRUDAYRAJ The Court made the following: 2 COMMON ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners / Accused No.1 and 2, seeking to quash the proceedings in Crime No.78 of 2025 of Mahila UPS, Vijayawada, Krishna District registered for the offences under Sections 417, 420, 313, 506 and 509 read with 34 I PC. i.A.No.2 of 2025 is filed by Respondent No.2/Complainant under Section 359 of BNSS seeking permission to compound the offences in Crime No.78 of 2025 of Mahila UPS, Vijayawada. I.A.No.3 of 2025 is filed by the Respondent No.2/Complainant under Section 528 of BNSS seeking to record the compromise in terms of the settlement arrived at between the parties. Petitioners / Accused Nos.1 and 2 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. 2. 3. 4. 5. Both parties would submit that they came to an amicable settlement for withdrawal of the case in Crime No.78 of 2025 of Mahila UPS, Vijayawada pending between them and a Memorandum of Understanding dated 29.07.2025 was also executed to that effect. Respondent No.2 submits that, they compromised the matter and hence the case may be closed. 3 6. 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 terms of the mediation held between the parties, since there is an amicable settlement between the parties, i.A.Nos.2 and 3 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case against the Petitioners/Accused Nos.1 and 2 in Crime No.78 of 2025 of Mahila UPS, Vijayawada, Krishna District, is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. 1 2012(10)SCC 303 SD/- G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTON OFFICER To 1. The Station House Officer, Mahila Urban Police Station, Vijayawada, Krishna District. 2. One CC to Sri Alapati Lalith Nikhil, Advocate [OPUC] 3. One CC to Sri Challa Hruday Raj, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT] 5. Two CD Copies TK TAC • Along with the Joint Compromise Memo in I.A.No.3 of 2025 in CRLP No.8173 of 2025 HIGH COURT DATED:06/08/2025 COMMON ORDER I.A.Nos.2 & 3 of 2025 in/and CRLP No.8173 of 2025 I il ?0"5 p Current Section 'kA' ALLOWING THE I.A.Nos.2 & 3 of 2025 AND ALLOWING THE CRIMINAL PETITION IN THE HIGH COURT ANDHRA PRADESH AT AMARAVATI of 2025 CRLP No. Between: 1. Majji Venkatesh S/o. Parusuram Naidu, Aged:- 34 years, Government Employee, R/o. 1-96, BC Colony, Venkatapuram, Seethanagaram, Nidagaliu, Vizianagaram. / 2. M Parusuram Naidu S/6. Venkata Naidu, Aged:- 55 years, Occ:- Farmer R/o. 1-96, BC Colony, Venkatapuram, Seethanagaram, Nidagaliu, Vizianagaram. ... Petitioners/Al&A2 AND 1. The State of Andhra Pradesh, (Mahila UPS, Vijayawada) Rep.by Public Prosecutor, High Court of Andhra Pradesh, At Amaravati. 2. Bokka Sri Amrutha Sai D/o. Venkatesvvara Rao, Aged 30 years. Physiotherapist, R/o. MIG-125, APHB Colony, Municipal School, Tadepalligudem, West Godavari District. ...Respondents JOINT PFimON/MEMO BY PFimONERS AND RESPONDENT N0.2 It is submitted that the petitioners herein were implicated as Al, and A2 in crime No.78/2025 of Mahila Police Station,Vijayawada. . This crime was registered on 23.07,2025 for the alleged offences U/s 417, 420, 313, 509, 506 R/w 34 IPG. This crime was registered basing on the written report in Telugu language submitted by 1. yu' M.PARUSURAM NAIDU MAJJI VENKATESH (BOKI<y\ SRI AMFIUTHA)^ Qi r\ / ' 'O ■ ■ ■rsf the second respondent herein on 23.07.2025 (hereinafter referred to compiainantO as 'the de-facto 2. It is submitted that, as per the de-facto complainant; she with Petitioner No.l through Facebook in 2020 while pursuing BPT. Petitioner No.l allegedly promised to many her, and they Stayed together and had relation at Krishna Lanka came into contact consensual sexual in 2021 and later at Gurajala from February to December 2023. During 2022, they also met regulariy at hotels in and around Vijayawada and had a sexual relationship, which allegedly led to her pregnancy. She claims she was forced to take abortion pills and later discovered that Petitioner No.l was already married,, When confronted, he and Petitioner No.2 (his father) assured her that he would obtain a divorce and marry her. Subsequently, they allegedly asked her to stay silent as the wife had come to know about the affair. Petitioner No.2 then called her to Simhachalam, took her phone, deleted'evidence, abused, and cheated her. 3. It is submitted that the petitioners filed the criminal this Hon'ble Court seeking to quash Crime No.78/2025 petition being CRLP before of Mahiia UPS, Vijayawada. The petitioners also filed certain interlocutory applications seeking stay of all further proceedings etc.,. MAJJI VENKATESH ^.PARUSURAM NAIDU // f; . I r ■ /CO 3?%'^ \ ■V, .. iCI ■ - 1,;. .J,- a (BOKKA SRI AMRUTHA) (i- v.. J It is submitted that the de-factd complainant and the petitioners settled the disputes out of the court and continuance of the criminal proceedirigs would cause oppression and prejudice to them. As the offences under which the crime is registered -compoundable offence petition under Section 320 Cr.P.C. is not maintainable. However, the parties have arrived at a settlement and wish to end the litigation amicably. 4. /■' IS a non It is submitted that the Hon'ble Supreme Court in the case of Gian Singh vs State of Punjab has held that the High :COurt can exercise its inherent powers under Section 482 of the Criminal Procedure Code to quash criminal proceedings in cases where the parties have settled the matter out of court, even in non-compoundable offences, if the court is satisfied that the .settlement is genuine and the continuance of the criminal proceedings yyouid causq pppression and prejudice to the parties concerned. As such it is just and necessary' to quash the crime in view of the settlement arrived at between the parties. For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to record the compromise and to quash Crime No.78/2025 of Mahila UPS, Vijayawada in view of the settlement arrived at between the parties and to pass such other and further orders 5. 'X ' ■ . M.PARUSURAM NAIDU MAJJI VENKATESH —, o (BOKKA SRI AMRUTHA) ■ J'-. . (BOKKA SRI AMRUTHA) Signature of the 2'^^ respondent/complainant H - u^^v4^<dby^ 1. MAJJI VENKATESH Signature of the Petitioner 2. M„PARUSURAM NAIDU Signature of the 2"^ Petitioner Counse(^e Petitione Counsel foi Respondent No.2 er^ Amaravati, Date.-solo-zijT^ riovr- P. SUDHAKARAx RAO S.A., LL.D ADVOCATE a NOTARY O.No: 4-25-&/2. Bhimannavaripei. fothaDet.VfJAYAV/ADA-l.fA.P'