Shaik Allavuddin alias Allauddin v. The State of Andhra Pradesh
CRLP/8817/2025 · 2025-08-31
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30559 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30559 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010440592025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.2,3 & 4 of 2025 In/and
CRIMINAL PETITION No. 8817/2025 Between:
1. SHAIK ALLAVUDDIN ALIAS ALLAUDDIN, S/O KHADHAR BABU AGED ABOUT 26 YEARS, R/O.D.NO.1-44, RAJAPETA VILLAGE, CHILAKALURIPETA MANDAL, PALNADU DISTRICT A.P-522626. 2. SHAIK KHADHAR BABU, S/O, HUSSAIN SAHEB, AGED ABOUT 55 YEARS, R/O.D.NO.1-44, RAJAPETA VILLAGE, CHILAKALURIPETA MANDAL, PALNADU DISTRICT A.P-522626. 3. SHAIK ENAYATH BABU ALIAS INAYATH BABU, S/O BADE MAHABUB AGED ABOUT 42 YEARS, R/O.D.NO.1-7, RAJAPETA VILLAGE, CHILAKALURIPETA MANDAL, PALNADU DISTRICT A.P-522626. ...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, THROUGH P.S., CHILAKALURIPETA RURAL, PALNADU DISTRICT REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. MOGAL JILANI BAIG ALIAS BHEG, S/O KHASIM BAIG ALIAS BHEG, AGED ABOUT 48 YEARS, OCC FARMER, R/O.D.NO.2- 29/A, RAJAPETA VILLAGE, CHILAKALURIPETAMANDAL, PALNADU DISTRICT A.P-522626. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in SC.No.255 of 2024 U/s.307, 323, r/w.34 IPC on the file of Addl. Senior Civil Judge at Narasaraopeta against the petitioners/ Accused No. 1 to 3 and to pass
Counsel for the Petitioner/accused(S):
1. PONNEKANTI MALLIKARJUNA RAO
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Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2. JESTADI PRUDVI RAJU COMMON ORDER:
The instant Criminal Petition is filed by the Petitioners under Section 528 of B.N.S.S., 2023 for the following relief:
“ ... to quash the proceedings in SC.No.255 of 2024 U/s.307, 323, r/w.34 IPC on the file of Addl. Senior Civil Judge at Narasaraopeta against the petitioners/ Accused No. 1 to 3 and to pass ...”
2. IA.No.2 of 2025 is filed under Section 359(6) read with Section 528 of BNSS, 2023, by the Petitioner/de facto Complainant seeking permission to compromise the matter with the respondents/A.1 to A.3 by quashing the Proceedings in SC No.255 of 2024 on the file of the Court of Additional Senior Civil Judge, Narasaraopeta, against the respondents/Accused. 3.
IA Nos.3 & 4 of 2025 are filed under Section 359(2) read with 528 BNSS, 2023 requesting to record compromise in SC No.255 of 2024 on the file of the Court of Additional Senior Civil Judge, Narasaraopeta, for the offences under Sections 307 and 323 read with 34 IPC and quash the proceedings against the Accused. 4. Petitioner herein, who is the Defacto Complainant filed a complaint against the Accused alleging that on the date of offence, some wordy quarrel took place between him and the Accused regarding field boundaries and that A.1 to A.3 allegedly attacked on the de facto Complainant and beat him all over his body and caused bleedings injuries to him. Basing on the complaint given by the Defacto Complainant, a case in Crime No.89 of 2022 of Chilakaluripet Rural
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Police Station was registered against the accused for the offences stated supra. After completion of investigation, Police filed charge sheet against the Accused, which is numbered as SC No.255 of 2024. Seeking quashment of the Proceedings against them, Petitioners/Accused filed the present Criminal Petition. 5. During the pendency of this Criminal Petition, on 22.08.2025 parties made a request before this Court that they intend to compromise the matter and accordingly, sent the file to the Secretary, High Court Legal Services Committee, High Court of Andhra Pradesh, Amaravati for taking necessary steps. 6. Mediation proceedings are conducted and the parties and the Advocate as a Mediator appeared before the Mediation Centre and a Mediation Report is filed by the learned Advocate & Mediator appeared on behalf of the Petitioners/Accused. 7. Parties are identified by their respective learned counsels on record. Copies of the Aadhar cards of the parties attested by their respective counsel are filed for proper identification. 8. Learned Assistant Public Prosecutor is in attendance. 9.
Parties filed compromise petitions as stated supra stating that the matter is compromised between them and also filed a Joint Memo, which reveals that the parties are residents of Rajapeta village, Chilakaluripeta Mandal, Palnadu District and at the intervention of elders, the parties decided to settle the issue amicably and respondent No.2 has no interest to proceed further in the
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matter and agreed to withdraw the case against Petitioners in SC No.255 of
2024. 10. Respondent No.2 submitted before this Court that he has no issues with the Petitioners and there is no coercion and undue influence for settling the issue with the Petitioners. 11. Considering the submissions, in the interests of justice, I.A.Nos.2,3 and 4 of 2025 are allowed. Consequently, this Criminal Petition is allowed and the Proceedings in SC No.255 of 2024 on the file of the Court of Additional Senior Civil Judge, Chilakaluripet against the Petitioners/A.1 to A.3 are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/*
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Criminal Petition No. 8817 of 2025
01.09.2025
Mjl /*