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2025 DAILYLAW 29237 (AP)

Gangavarapu Pandu Babu v. The State of Andhra Pradesh,

CRLP/6733/2024 · 2025-01-08

B V L N Chakravarthi

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI I.A NOS. 3 AND 4 OF 2024 IN/AND CRIMINAL PETITION NO: 6733 OF 2024 CRIMINAL PETITION NO: 6733 OF 2024 Between: Gangavarapu Pandu Babu, S/o Baburao, Aged About 26 years, R/o Sc Colony, Deepala Dinne Village, Satanepalli Mandal, Palnadu District. ...Petitioner/Accused-6 AND 1. The State of Andhra Pradesh, Through Nunna P.S, Vijayawada 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 B.N.S.S) U/s 482 of Cr.P.C is filed 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.370/2024 U/s 306 r/w 34 IPC of Nunna Police Station, Vijayawada City, against the Petitioner/Accused no.6 I.A. NO: 2 OF 2024 Petition under Section 482 of Cr.P.C is filed 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 ,t. ‘ ’ I;)fit.No.370/2024 U/s 306 r/w 34 IPC of Nunna Police Station, Vijayawada City, against the Petitioner/Accused no.6. I.A. NO: 3 OF 2024 Between: Chirumamilla Ramya, W/o Ramakrishna, Aged about 27 years, R/o.D.No.1-61 Munagacharla village, Nandigama Mandal, NTR District. ...Petitioner/Respondent/ Defacto Complainant AND 1. Gangavarapu Pandu Babu, S/o Baburao, Aged About 26 years, R/o Sc Colony, Deepala Dinne Village, Satanepalli Mandal, Palnadu 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.6 Petition under Section 359(2) of Bharatiya Nagrik Suraksha Sanhita is filed 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. 6 by compounding the offence in terms of compromise. ^ l-A. NO: 4 OF 2024 Chirumamilla Ramya, W/o Ramakrishna, Aged about 27 years, R/o.D.No.1-61 Munagacharla village, Nandigama Mandal, NTR District. ...Petitioner/Respondent/ Defacto Complainant AND 1. Gangavarapu Pandu Babu, S/o Baburao, Aged About 26 years, R/o Sc Colony, Deepala Dinne Village, Satanepalli Mandal, Palnadu District. 2. The State of Andhra Pradesh, Through Nunna P.S, Vijaywada City, Rep by its Public Prosecutor, High Court Building, Nelapadu Amaravati. ...Respondents/Petitioners/Accused No.6 Petition under Section 359(6) of Bharatiya Nagrik Suraksha Sanhita is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner/A-6 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.6 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 of Sri K.Purna Chandra Sai, Advocate for the Respondent No.2/Defacto Complainant. The Court made the following: APHC010418002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [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: 6733/2024 Between: 1.GANGAVARAPU PANDU BABU, S/0 BABURAO, AGED ABOUT 26 YEARS, R/0 SC COLONY, DEEPALA DINNE VILLAGE, SATANEPALLI MANDAL, PALNADU DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THROUGH NUNNA REP BY ITS PUBLIC P.S, VIJAYWADA CITY, PROSECUTOR, HIGH COURT BUILDING, NELAPADU AMARAVATI. 2.CHIRUMAMILLA RAMYA, W/0 RAMAKRISHNA, AGED ABOUT 27 YEARS, R/O.D.NO.1-61 .MUNAGACHARLA VILLAGE, NANDIGAMA MANDAL, NTR DISTRICT. ...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:6733 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.6, 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.6 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.6 and 2"^^ respondent herein are present before this Court. They produced their respective Aadhaar Cards in proof of their identity. petitioner/Accused No.6 and the learned counsel for the 2"^^ / Learned counsel for the respondent have identified both the parties in the open Court. This Court has questioned 2^^^^ respondent herein/c/e facto complainant with regard to compromise, and she categorically stated to that extent that she has voluntarily entered into 4. 3 compromise with the petitioner herein/Accused No.6. 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 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.6 is hereby quashed. 5. on 6. Accordingly, I.A.Nos.3 and 4 of 2024 and Criminal Petition No.6733 of 2024 are allowed. As a sequel thereto, the interlocutory applications, if any pending in this Criminal Petition shall stand closed. 7 2012(9) Scale 257 Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// OFFICER 1. The Station House Officer, Nunna P.S, Vijayawada City, 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 the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Three CD Copies SB To, sree along with joint memo filed in I.A No.3 of 2024 HIGH COURT DATED:08/01/2025 COMMON ORDER I.A Nos.3 & 4 of 2024 IN/AND CRLP.No.6733 of 2024 c ‘t APR W’j 1 ^ . Current SeeWon ^ XCOjrsp*'rra«S(^ ALLOWING THE I.A Nos. 3 and 4 of 2024 and CRIMINAL PETITION high COURT OF ANDHRA I.A.NO. PRADESH AT AMARAVATI OF 2024 In ORL.P.No. 6733 OF 2024 BETWEEN: S/o Baburao, Pandu Babu, Aged About 26 R/o Sc Colony, Deepala Dinne Village, Satanepalli Mandal, Palnadu District. years ■■•Petitioner/Accused No.6 AND 1-The State of A. P P-S, Vijaywada Rep by Its Public Prosecutor, Amarav^r^'"'"®' 2 Chirumamilla Ramya, W/o Ramakrishna, Aged about 27 years. ^o.D.No.1-61,Munagacharia villaoe Nandigama Mandal, NTR District. ^ ’ City, Respondent/ Defacto Complainant JOINT MEMO May It please your lordship. 1. It is to submitted that the allegation of the complaint i Ramya/daughter of a report before Nunna police that IS on 25-06-2024, Chirumamila deceased had lodged the station alleging that 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 fernale 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. \ "SlEr % - 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. 2. It is submitted 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 came forward to withdraw the complaint for which I am Affidavit stating that I am ready to withdraw the above said case. 3. also executed an 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 4. be pleased 370/2024, dated Vijayawada City members will suffer i to quash the proceedings in FIR. No. J Police Station, petitioners and their family on the file of Nunna otherwise the irreparable loss. is therefore prayed that this Hon'ble Court pleased to record the compromise may be statement and quash the PiR.No. 370/2024 Police Station V «« of Nunna interest of jusilceTndT^ justice and pass such other order deem fit and proper in the circumstances of the Hence, this Joint Memo. or orders may case. amaravati DATE: 08^-11.2024 p^<v\d O X. i!?2- 0 Petitioner Coi/nsel for Petitioner Counsel for Respondent Ca Respondent