GADDAM PRASANNAJANEYULU v. THE STATE OF ANDHRA PRADESH
CRLP/153/2025 · 2025-01-22
B V L N Chakravarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36834 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36834 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT WEDNESDAY, THE TWENTY SECOND DAY OF TWO THOUSAND AND TWENTY FIVE AMARAVATI JANUARY PRESENT honourable SRI JUSTICE B V L N CHAKRAVARTHI !ANos^2_&_3_of_2^ IN/AND CRIMINAL PETITION No.153 of 207.*^ Between:
1. Gaddam Prasannajaneyulu, S/o.Sangamaiah, 5-10, Bajibaba Mandir Road, Bhavanipuram, Vijayawada District (Erstwhile Krishna District). 2. Gaddam Pavan Kumar, S/o Gaddam Prasannajaneyulu R/o. D.No. 76-5-10, Bajibaba Mandir Road NTR District (Erstwhile Krishna District). 3. Gaddam Jayachandra, S/o. Gaddam Prasannajaneyulu R/o. D.No. 76-7-12/B, Canara Bank Road NTR District (Erstwhile Krishna District). 4. Mynapati Srikanth, S/o, Venkateswarlu, 16B, Bagasingh Road, PKR Building, Bhavanipuram District (Erstwhile Krishna District). aged 50 years, R/o. 76-
520012. NTR aged 20 years, Bhavanipuram, Vijayawada, aged 22 years Bhavanipuram, Vijayawada, aged 37 years, R/o. D.No. 76-5- Vijayawada, NTR ...Petitioners/Accused Nos.2 to 5 AND
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1. The State of Andhra Pradesh, (S.H.O Bhavanipuram Police Station, Vijayawada, District (Erstwhile Krishna District)) Rep. by Public Prosecutor, High Court of A.P., Amaravathi. 2. Mohammed Farooq, S/o. Mohammed Suleman, aged about 38 Years R/o. 76-8-18/1, Crombay Road, Near Swati Theatre, Bhavanipuram Vijayawada, NTR District (Erstwhile Krishna District). ...Respondents/Complainant 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 the Crime No. 508 of 2024 on the file of the Bhavanipuram Police Station, Vijayawada, Krishna District against the petitioners/Accused 2 to 5. I.A. NO: 2 OF 2025 Between: Mohammed Farooq, S/o. Mohammed Suleman, aged about 38 Years R/o. 76-8-18/1, Crombay Road, Near Swati Theatre, Bhavanipuram Vijayawada, NTR District (Erstwhile Krishna District). ...Petitioner/Respondent No.2 AND
1. Gaddam Prasannajaneyulu, S/o.Sangamaiah, aged 50 years, R/o. 76-5- 10, Bajibaba Mandir Road, Bhavanipuram, Vijayawada 520012. NTR District (Erstwhile Krishna District). 2. Gaddam Pavan Kumar, S/o Gaddam Prasannajaneyulu, aged 20 years, R/o. D.No. 76-5-10, Bajibaba Mandir Road, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). 3. Gaddam Jayachandra, S/o. Gaddam Prasannajaneyulu, aged 22 years, R/o. D.No. 76-7-12/B, Canara Bank Road, Bbavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). 4. Mynapati Srikanth, S/o. Venkateswarlu, aged 37 years, R/o. D.No. 76-5- 16B, Bagasingh Road, PKR Building, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). ...Respondents/Petitioners
5. The State of Andhra Pradesh, (S.H.O Bhavanipuram Police Station, Vijayawada, District (Erstwhile Krishna District)) Rep. by Public Prosecutor, High Court of A.P., Amaravathi.
...Respondent/Complainant Petition under Section 528 R/w 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to accord permission to compound the offences U/s 120B, 147, 323, 307, and 506 of the IPC, dated 29.08.2024 (61(2), 191(2), 115(2), 109, and 351 (2 & 3) of BNS) on the file of the Crime No. 508 of 2024 of Bhavanipuram Police Station, Vijayawada, NTR District against the petitioners/accused Nos. 2 to 5 and quash the crime. I.A. NO: 3 OF 2025 Between: Mohammed Farooq, S/o. Mohammed Suleman, aged about 38 Years, R/o. 76-8-18/1, Crombay Road, Near Swati Theatre, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). ...Petitioner/Respondent No.2 AND
1. Gaddam Prasannajaneyulu, S/o.Sangamaiah, aged 50 years, R/o. 76-5- 10, Bajibaba Mandir Road, Bhavanipuram, Vijayawada 520012. NTR District (Erstwhile Krishna District). Gaddam Pavan Kumar, S/o Gaddam Prasannajaneyulu, aged 20 years, R/o. D.No. 76-5-10, Bajibaba Mandir Road, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). Gaddam Jayachandra, S/o. Gaddam Prasannajaneyulu, aged 22 years, R/o. D.No. 76-7-12/B, Canara Bank Road, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). Mynapati Srikanth, S/o. Venkateswarlu, aged 37 years, R/o. D.No. 76-5- 16B, Bagasingh Road, PKR Building, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). 2. 3. 4. ...Respondents/Petitioners
5. The State of Andhra Pradesh, (S.H.O Bhavanipuram Police Station, Vijayawada District (Erstwhile Krishna District)) Rep. by Public Prosecutor, High Court of A.P., Amaravathi. ...Respondent/Complainant Petition under Section 528 R/w 359(2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to compound the offences U/s 120B, 147, 323, 307, and 506 of the IPC, dated 29.08.2024 (61(2), 191(2), 115(2), 109, and 351 (2 & 3) of BNS) on the file of the Crime No. 508 of 2024 of Bhavanipuram Police Station, Vijayawada, NTR District against the petitioners/accused No. 2 to 5 and quash the crime.
A ► I.A. NO: 4 OF 2025 r 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 of all further proceedings including arrest of the petitioners/Accused No.2 to 5 in the Crime No. 508 of 2024 on the file of the Bhavanipuram Police Station, Vijayawada, NTR District (Erstwhile Krishna District) pending the criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt Marella Radha, Advocate for the Petitioners and the Public Prosecutor behalf of the Respondent No.1 and of Smt K.S.G.Padmavathi, Advocate for the Respondent No.2. on The Court made the following:
APHC010604822024 y IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) tit [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: 153/2025 Between: 1.GADDAM PRASANNAJANEYULU, S/0 SANGAMAIAH. AGED 50 YEARS, R/0. 76-5-10, BAJIBABA MANDIR ROAD. BHAVANIPURAM,VIJAYAWADA
520012. NTR DISTRICT(ERSTWHILE KRISHNA DISTRICT). 2.GADDAM PAVAN PRASANNAJANEYULU, AGED 20 YEARS, R/0. D.NO. 76-5-10, BAJIBABA MANDIR ROAD, BHAVANIPURAM, VIJAYAWADA, NTR DISTRICT(ERSTWHILE KRISHNA DISTRICT). KUMAR S/0 GAD DAM 11 3.GADDAM. JAYACHANDRA. PRASANNAJANEYULU, AGED 22 YEARS R/0. D.NO. 76- 7-12/B, CANARA BANK ROAD VIJAYAWADA, NTR DISTRICT(ERSTWHILE KRISHNA DISTRICT). S/O GADDAM BHAVANIPURAM 4.MYNAPATI. SRIKANTH,, S/O VENKATESWARLU, AGED 37 YEARS, R/0. D.NO. 76-5-16B, BAGASINGH ROAD, PKR BUILDING, BHAVANIPURAM, VIJAYAWADA, NTR DISTRICT (ERSTWHILE KRISHNA DISTRICT). ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, (S.H.O BHAVANIPURAM POLICE STATION, VIJAYAWADA, DISTRICT(ERSTWHILE KRISHNA DISTRICT)) REP. BY PUBLIC PROSECUTOR HIGH COURT OF A.P.
AMARAVATHI. 2 ^ • 2.MOHAMMED FAROOQ, S/0. MOHAMMED SULEMAN, AGED ABOUT 38 YEARS, R/0. 76-8-18/1, CROMBAY ROAD, NEAR SWATI THEATRE VIJAYAWADA, NTR DISTRICT(ERSTWHILE KRISHNA DISTRICT) BHAVANIPURAM, ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S):
1.MARELLA RADHA Counsel for the Respondent/complainant(S):
I.K.S.G. PADMAVATHI
2. PUBLIC PROSECUTOR The Court made the following:
3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION No.153 OF 2025 COMMON ORDER: l■A.Nos■2 & 3 of 2025 in/and Criminal Petition No:153 of 2025 This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein/Accused Nos.2 to 5, to quash the First Information Report in Cr.No.508 of 2024 of registered for the offence Bhavanipuram Police Station U/secs.120-B, 147, 323, 307 and 506 r/w.34 of Indian Penal Code, 1860.
Heard Smt. M.Radha, learned counsel for petitioners/A-2 to
2. A-5 and Smt. K.S.G.Padmavathi, learned counsel representing for the unofficial respondent No.2 (defacto-complainant). Learned Additional Public Prosecutor representing the State present. Today, when the matter is taken up, petitioners herein/A-2 to A-5 and 2""* respondent herein are present before this Court. The petitioners/A-2 to A-5 and 2""^ respondent produced their respective Aadhaar cards in proof of their identity, counsel for the petitioners/A-2 to A-5 and the learned counsel for 2'"'^ respondent have identified both the parties in the open Court. 3. Learned
4 This Court has questioned 2'""' respondent herein/de facto complainant with regard to compromise, and he categorically stated to that extent that he has voluntarily entered into compromise with the petitioners herein/Accused No.2 to 5. 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. 4. 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 settlement and
5. compromise, the Criminal Petition is allowed and therefore, the proceedings of the First Information Report in Cr.No.508 of 2024 of Bhavanipuram Police Station, registered for the offence U/secs.120-B, 147, 323, 307 and 506 r/w.34 of Indian Penal Code, 1860 against the petitioners herein/Accused No.2 to 5 only is hereby quashed. Investigation against A-1 shall go on. 6. Accordingly, I.A.Nos.2 & 3 of 2025 and Criminal Petition No. 153 of 2025 are allowed. 2012 (9) Scale 257
5 As a sequel thereto, the Interlacutory applications, if any, pending in this Criminal Petition shall stand closed. SD/- K KASIRAO ACHARI ASSISTANT REGISTRAR 6nWfi^r //TRUE COPY// SECTI
1. The Chief Metropolitan Magistrate, Vijayawada, Krishna
2. The Station House Officer, Bhavanipuram Police Krishna District. 3.
Two CCs to the Public Prosecutor, Amaravathi[OUT]
4. One CC to Smt Marella Radha, Advocate [OPUC]
5. One CC to Smt K.S.G.Padmavathi, Advocate [OPUC]
6. Three CD Copies To District. Station, Vijayawada High Court of Andhra Pradesh TK sree *f'2025'''^^^ Compromise Memo in I.A.No.3 of 2025 im CRLP No. 153
HIGH COURT DATED:22/01/2025 COMMON ORDER I.A.Nos.2 & 3 of 2025 in/and CRLP.No.153 of 2025 ano^ * 12 FEB 2025 . Current Section . mil % ALLOWING THE I.A.Nos.2 & 3 of 2025 AND ALLOWING THE CRIMINAL PETITION
A MEMORANDUM OF CRIMINAL MISC. PETITION (Under Section 528 r/w 359(6) BNSS ) IN THE HIGH COURT OF ANDHRA PRADESH;:
AT AMARAVATHI IA. No. 3 of 202.5^ in Crl.P.No. yj'3 of 2025^ Between: Mohammed. Farooq, S/o. Mohammed Suleman, aged about 38 Years, R/o. 76-8-18/1, Crombay Road, Near Swati Theatre, Bhavanipuram, Vijayawada, NTR District(Erstwhile Krishna District). .... Petitioner/Respondent-2 And
1. Gaddam Prasannajaneyulu, S/o Sangamaiah. aged 50 years, R/o. 76-5-10, Bajibaba Mandir Road, Bhavanipuram,Vijayawada 520012. NTR District(Erstwhile Krishna District). Gaddam Pavan Kumar, S/o Gaddam Prasannajaneyulu, aged 20 years, R/o. D.No. 76-5-10, Bajibaba Mandir Road, Bhavanipuram, Vijayawada, NTR District(Erstwhile Krishna District). 2. Gaddam. Jayachandra. S/o Gaddam Prasannajaneyulu, aged 22 years, R/o. D.No. 76-7-12/B, Canara bank Road, Bhavanipuram, Vijayawada, NTR District(Erstwhile Krishna District). 3. Mynapati. Srikanth, S/o Venkateswarlu, aged 37 years, R/o. D.No. 76-5-16B, Bagasingh Road, PKR Building, Bhavanipuram, Vijayawada, NTR District(Erstwhile Krishna District). 4. ... Respondents/Petitioners
5. The State of Andhra Pradesh (S.H.O Bhavanipuram Police Station. Vijayawada. NTR District (Erstwhile Krishna District)) Rep. by Public Prosecutor High Court of A.P. Amaravathi. ...Respondent/Complainant JOINT MEMO
1. I submit that I filed a complaint as Crime No. 508 of 2024 of Bhavanipuram Police Station. Vijayawada. NTR District against the petitioners and others, for the alleged offences under Sections 120B. 147. 323. 307, and 506 of the IPC. dated 29.08.2024 (61(2). 191(2). 115(2). 109. and 351 (2&3) of BNS).
It is submitted that at the intervention of the disinterested mediator, the We have compromised in the above said case. I have no interest to pursue with the complaint against the petitioners/accused No. 2 to 5 as we have compromised. I am filing this affidavit with my free will and volition and praying this Hon’ble Court to compound the offence in the complaint and quash the proceeding against the petitioners. In view of the compromise permit the petitioners/accused No. 2 to 5 and me to compound the case and quash the Crime No. 508 of 2024 Bhavanipuram Police Station. Vijayawada. NTR District against the petitioners. 2. of