IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY^ TWO THOUSAND AND TWENTY FIVE o hi ■o iO PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI I.A. Nos.1 X. 2of 2025 in/and CRIMINAL PETITION NO: 8520 OF 2023 Between: Dasari Mahesh, S/o. Nageswara Rao (Late), Aged about 35yrs, Caste by Kamma, R/o D.No.1-21, Main Road, Chinthaluru Village, Alamuru Mandal, East Godavari District ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Represented by Public prosecutor. High Court of Andhra Pradesh 2. The Station House Officer, Disha Police Station, Vijayawada, NTR District. 3. Kante Sravya, W/o Dasari Mahesh, Aged about 31yrs, Caste by Kamma, R/o Flat No 21, Gopala Krishna Apartment, D.No 40-15/1-29, Brundavan Colony Vijayawada 520010. ...Respondents/Complainants Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased quash the charge sheet and the entire proceedings against Petitioner/Accused No.1 in C.C. No. 1791/2023 on the file of Learned II Additional Chief Metropolitan Magistrate court Vijayawada. I.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased stay all the further proceedings against the Petitioner/Accused No.1 in C.C.NO 1791/2023 on the file of Learned II Additional Chief Metropolitan Magistrate court at Vijayawada. I.A. NO: 1 OF 2025 Between: Sravya Kante, W/o Dasari Mahesh, D/o. Kante Balarama Krishna, Aged about 31 years, R/o. Flat No. 21, Gopala Krishna Apartments, Brundavan Colony, Vijayawada-520010. ...PetItioner/Respondent/De-facto Complainant AND 1. The State of Andhra Pradesh, Represented by its Public prosecutor, High Court, Amaravati. ...Respondent/Complainant 2. Dasari Mahesh, S/o. Late Dasari Nageswar Rao, Aged about 35 years, R/o D.No.1-2, Main Road, Chinthaluru Village, Alamuru Mandal, East Godavari District, Andhra Pradesh. ...Respondent/Petitioner/Accused No.1 f Petition under Section 359 r/w 528 BNSS, 2023 & 320(2) of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise statement between the parties and quash the proceedings against respondent/accused No.1 in C.C.No.1791 of 2023 on the file of the Hon ble II Additional Chief Metropolitan Magistrate, Vijayawada. I.A. NO: 2 OF 2025 Between: Sravya Kante, W/o Dasari Mahesh, D/o. Kante Balarama Krishna, Aged about 31 years, R/o. Flat No. 21, Gopala Krishna Apartments, Brundavan Colony, Vijayawada-520010. ...Petitioner/Respondent/De-facto Complainant AND 1. The State of Andhra Pradesh, Represented by its Public prosecutor. High Court, Amaravati. ...Respondent/Complainant 2. Dasari Mahesh, S/o. Late Dasari Nageswar Rao, Aged about 35 years, R/o D.No.1-2, Main Road, Chinthaluru Village, Alamuru Mandal, East Godavari District, Andhra Pradesh. ...Respondent/Petitioner/Accused No.1 Petition under Section 528 BNSS, 2023 & 320(6) of Cr.P.C 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 compromise the case against respondent/accused No.1 in C.C.No.1791 of II Additional Chief Metropolitan Magistrate 2023 on the file of the Vijayawada. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G.N.V.Pulla Rao, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondents Nos.1 & 2, and of Sri R V K Prasad Advocate for the Respondent No.3 The Court made the following: COMMON ORDER APHC010553052023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] ^ WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 8520/2023 Between: 1.DASARI MAHESH, AGED ABOUT 35YRS, TE BY KAMMA RIO D.N0.1-21,MAIN ROAD, CHINTHALURU VILLAGE ALAMURUMANDAL,EASTGODAVARIDISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF A.P, AMARAVATI, GUNTUR DISTRICT. 2.SRAVYA KANTE, W/0 DASARIMAHESH, AGED29 R/0 FLAT N0.21, GOPAL KRISHNA APARTMENTS, BRUNDAVAN COLONY, VIJAYAWADA- 520010 YEARS ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. REGULAGADDA VENKATESH Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. R V KOTESWARA PRASAD The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION No.8520 OF 2023 COMMON ORDER: I.A.Nos.1 & 2 of 2025 in/and Criminal Petition No:8520 of 2023 This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner herein/Accused No.1, to quash the proceedings in C.C.No.1791 of 2023 on the file of the learned II Additional Chief Metropolitan Magistrate, Vijayawada, for the offence U/secs.498-A, 406 of Indian Penal Code, 1860 and sections 3 and 4 pf Dowry Prohibition Act, 1961. Heard Sri R.Venkatesh, learned counsel for petitioner/A-1 2. and Sri R.K.V.Prasad, learned counsel representing for the Learned unofficial respondent No.2 (defacto-complainant). Additional Public Prosecutor representing the State present. Today, when the matter is taken up, petitioner herein/A-1 respondent herein are present before this Court. The respondent produced their respective 3. nd and 2 nd petitioner/A-1 and 2 Aadhaar cards in proof of their identity. Learned counsel for the petitioner and the learned counsel for 2"*^ respondent have identified both the parties in the open Court. This Court has questioned 2"'^ respondent herein/de facto complainant with regard to compromise, and she categorically 4. 3 stated to that extent that she has voluntarily entered into compromise with the petitioner herein/Accused No.1. 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 v. State of Punjab & another^, on quashing of criminal case, when the parties entered into settlertient and 5. compromise, the Criminal Petition is allowed and therefore, the case proceedings in C.C.No.1791 of 2023 on the file of the learned II Addl.Chief Metropolitan Magistrate, Vijayawada, for the offence U/secs.498-A, 406 IPC and sections 3 and 4 of Dowry Prohibition Act, 1961 against the petitioner herein/Accused No.1 only is hereby quashed. Accordingly, I.A.Nos.1 & 2 of 2025 and Criminal Petition 6. No.8520 of 2023 are allowed. As a sequel thereto, the Interlacutory applications, if any pending in this Criminal Petition shall stand closed. ^2012(9) Scale 257 Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District. 2. The Station House Officer, Vijayawada Disha Police Station, Krishna District. 3. One CC to Sri G.N.V.Pulla Rao, Advocate [OPUC] 4. One CC to Sri R V K Prasad Advocate [OPUC] 5. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Three CD Copies SAM *along with Joint compromise memo to the addresses \ \ HIGH COURT \ DATED:22/01/2025 ORDER I.A. Nos.1 & 2 of 2025 in/and CRLP.No.8520 of 2023 Of ANOf^ ig’ 21 FEB 2K5 . Current Section1 I.A. Nos.1 & 2 of 2025 are ALLOWED AND ALLOWING THE CRLP HIGH COURT OF JUDICATURE OF ANDHRA PRADESH ATAMARAVATI OF 2024 I.A.NO. IN CRLP.No 8520 of 2023 (Against CC.No.1791 of 2023 on the file of the Hon’ble II Additional Chief Metropolitan Magistrate court, Vijayawada) Between: Sravya Kante, W/o.Dasari Mahesh, D/o.Kante Balarama Krishna, aged about 31 years, R/o. Flat No.21, Gopala Krishna Apartments, Brundavan Colony, Vijayawada-520010. ... Petitioner/Respondent/De-factoComplainant AND 1. ThestateofAndhraPradesh, Rep.byitsPublicProsecutor, HighCourt,Amaravati. ... Respondent/Complainant 2. Dasari Mahesh, S/o. Late Dasari Nageswar rao Aged about 35years, R/o. D.no. 1-2, Main road Chinthaiuru village, Alamuru Mandal, East Godavari District Andhra Pradesh ...Respondent/Petitioner/Accused no. 1 JOINT MEMO The petitioner and Accused No.1 have agreed on the terms of understanding by which the Accused No.1 and the petitioner/de-fa cto complainant will not file any further cases against each other and shall not interfere with the personal lives of each other in the future and will not pursue any cases such as criminal, civil and claims against each other and their respective families. It is submitted that in the above said criminal petition, the petitioner herein who is the defacto-complainant in the case has settled the issues with the Accused No.1 and that the petitioner and Accused No.1 had filed a 1. 2. Hon’ble Family Court, with an amount of is willing to Station, Vijayawada, the file of the mutual consent before the for divorce by Petition Vijayawada and as full and Rs.30,00,000/-(Rupees compromise in Cr.No:305/2021 on final settlement cf maintenance That the petitioner Thirty Lakhs only). the file of Disha Police CC.No.1791 of 2023 on stood pending as Chief Metropolitan Magistrate court, filing this petition NTR District which was Vijayawada and to that Hon’ble II Additional before this Hon’ble petitioner/ defacto-complainant is iew of the settlement between the parties the matter either of the parties have no effect the court It is submitted that in view- be closed by allowing me quash petition and may objection for the same. Gian Singh vs.State inherent power to Hon’ble Supreme Court in held that the High Court has humbly submitted that the & Anr 2012 the Court cdntlnal proceedings under section 482 0. me CrPC 3. It is of Punjab quash me Accused No.1 have entered into the by mutual consent 1955 before the Hon’ble and the full and final had been given by ithdrawing her As such the Petitioner here in ana present compromise as they Lhad already filed for divorce section 13(1).(ia) (ib) of Hindu Marriage Act, FC.O.P.No.1590/2024 under Family Court, Vijayawada vide in terms of past, present and future maintenance and alimony in the Accused No.1. allegations which was Accused, As such the complainant is wu The Petitioner/Defacto t-qp 305 of 2021 leveled against a; Accused No.1 seek leave O; quash the Crime No: 305 of Vijayawada, NTR District in CC.No.1791 Chief Metropolitan Magistrate made by her in Cr No Petitioner and the f this Hon’ble Court to enter this present compromise to the file of Disha Police Station 2021 on of 2023 on the file of the court, Vijayawada and Sections 3 and 4 of Dowry Hon’ble II Additional U/S.498- A,406 of Indian Penal Code for the alleged offences Prohibition Act settled out of the court, the withdraw the case against the circumstances both the as the ,malter is 4. In the above circumstances petitioner/Defacto respondent/accused parties have complainant herein is reacy to the above No.1 and considering a V " /' / approached this Hon’ble Court to quash the proceedings against respondent/accused no.1 in CC.No,1791 of 2023 on the file of the Hon'ble II Additional Chief Metropolitan Magistrate court, Vijayawada otherwise the parties would suffer irreparable loss and hardship. It is therefore prayed that this Hon’ble court may be pleased to record the compromise statement between the parties and quash the proceedings against respondent/accused no.1 in CC.No.1791 of 2023 on the file of the Hon’ble II Additional Chief Metropolitan Magistrate court, Vijayawada, in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case. Hen ie present joint memo. i.1 Petitioner/Defacto Complainant Respondent/Accused 7i' 7- CounselforPetitioner/ Defacto-Complainant Counsel for the Accused Amaravati Date:20.12.2024