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2025 DAILYLAW 36840 (AP)

Pidigapati Durga Prasad Reddy, v. The State of Andhra Pradesh

CRLP/152/2025 · 2025-01-22

B V L N Chakravarthi

body2025

Judgment text

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• « IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI ' i \ > I.A Nos.2 & 3 of 2025 IN/AND CRIMINAL PETITION NO: 152 OF 2025 Between: 1. Pidigapati Durga Prasad Reddy, S/o. Subba Reddy, aged 38 years, R/o. D.No. 1-4-203, Uddandivari Street, Rythu Bazar Road, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). 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). 3. Manjula Durga Venkata Naga Sai, S/o Veerakumar, aged 25 years, R/o. D.No. 1-4-175, Rama Nagar, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). ...Petitioners/Accused No.1 to 3 AND 1. The State of Andhra Pradesh, (S.H.O Bhavanipuram Police Station, Vijayawada, Rep. by Public Prosecutor High Court of A.P. Amaravathi. 2. Gaddam Prasannajaneyulu, S/o Sangamaiah, aged 50 years, R/o. 76- 5-10, Bajibaba Mandir Road, Bhavanipuram,Vijayawada 520012. NTR District (Erstwhile Krishna District) ...Respondent/Complainant Petition under Section 528 of BNSS, circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.2093 of 2024 on the file of the Chief Metropolitan Magistrate, Vijayawada, NTR District (Erstwhile Krishna District) against the petitioners/Accused No.1 to 3. praying that in the S' I.A. NO: 2 OF 2025 Between: Gaddam Prasannajaneyulu, S/o Sangamaiah, aged 50 years, R/o. 76- 5-10, Bajibaba Mandir Road, Bhavanipuram, Vijayawada 520012. NTR District (Erstwhile Krishna District) ...Petitioner/Respondent-2 AND 1. Pidigapati Durga Prasad Reddy, S/o. Subba Reddy, aged 38 R/o. D.No. 1-4-203, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). 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). 3. Manjula Durga Venkata Naga Sai, S/o Veerakumar, aged 25 years, R/o. D.No. 1-4-175, Rama Nagar, Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). years. Uddandivari Street, Rythu Bazar Road, ...Respondents/Petitioners 4. The State of Andhra Pradesh, (S.H.O Bhavanipuram Police Station, NTR District (Erstwhile Krishna District), Rep. by Public Prosecutor High Court of A.P. Amaravathi. ...Respondent/Complainant Petition under Section 528 r/w 359(6) 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 325 506 r/w 34 I PC offences U/s 188, 171(E), 171(F), 341,448, (223,173,174, 126(2), 331, 117(2), 351 (2&3) r/w 3(5) BNSS) C.C. No.2093 of 2024 in on the file of the Chief Metropolitan Magistrate at Vijayawada, NTR District (Erstwhile Krishna District) against the petitioners/accused No. 1 to 3 and quash the crime. I.A. NO: 3 OF 20?/^ Between: Gaddam Prasannajaneyulu, S/o Sangamaiah, aged 50 years, R/o. 76 5-10, Bajibaba Mandir Road, Bhavanipuram,Vijayawada 520012. District (Erstwhile Krishna District) NTR ...Petitioner/Respondent-2 AND 1. Pidigapati Durga Prasad Reddy, S/o. Subba Reddy, aged 38 years, R/o. D.No. 1-4-203, Uddandivari Street, Rythu Bazar Road Bhavanipuram, Vijayawada, NTR District (Erstwhile Krishna District). 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 (Erstwhiie Krishna District). 3. Manjula Durga Venkata Naga Sai, S/o Veerakumar, aged 25 years, R/o. D.No. 1-4-175, Rama Nagar, Bhavanipuram, Vijayawada (Erstwhile Krishna District). NTR District ...Respondents/Petitioners r 4. The State of Andhra Pradesh, (S.H.O Bhavanipuram Police Station, NTR District (Erstwhile Krishna District))., Rep. by Public High Court of A.P. Amaravathi. Prosecutor ...Respondent/Complainant Petition under Section 528 r/w 359(2) 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 188, 171(E), 171(F), 341, 448, 325, 506 r/w 34 IPC (223,173,174, 126(2), 331, 117(2), 351 (2&3) r/w 3(5) BNSS) on the file of the C.C, No.2093 of 2024 of the Chief Metropolitan Magistrate at Vijayawada, NTR District (Erstwhile Krishna District)against the petitioners/accused on the file No. 1 to 3 and quash the crime. I.A. NO: 4 OF 2025 Petition under Section 482 of Cr.P.C circumstances stated in the Memorandum of Grounds the High Court may be pleased to stay of all further praying that in the of Criminal Petition, proceedings including appearance of the petitioners/accused No. 1 to 3 in C.C.No.2093 of 2024 the file of the Chief Metropolitan Magistrate, Vijayawada, NTR District (Erstwhile Krishna District) pending the criminal petition. on This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition K.S.G. Padmavathi. Advocate for the Petitioner on behalf of the Respondent No.1 and of Smt. the Respondent No.2 and upon hearing the arguments of Sri and the Public Prosecutor Marella Radha, Advocate for The Court made the following: A APHC010604852024 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 r.RlMINAI PETITION NO: 152/2025 Between; S/0. SUBBA R/0. D.NO' 1-4- RYTHU BAZAR ROAD, 1.PIDIGAPATI DURGA PRASAD REDDY REDDY, AGED 38 YEARS, 203,UDDANDIVARI STREET, BHAVANIPURAM, VIJAYAWADA, DISTRICT(ERSTWHILE KRISHNA DISTRICT). 1 j NTR 2.MOHAMMED. FAROOQ,, S/0. MOHAMMED SUI^MAN AGED ABOUT 38 YEARS, R/0. 76-8-18/1, CROMBAY BHAVANIPURAM, ROAD NEAR SWATI THEATRE VIJAYAWADA, NTR DISTRICT(ERSTWHIIE KRISHNA DISTRICT). NAGA SAI„ S/0 R/0. D.NO. 1-4-175, VIJAYAWADA, NTR DURGA VENKATA 3.MANJULA VEERAKUMAR, AGED 25 YEARS RAMA NAGAR, BHAVANIPURAM, DISTRICT (ERSTWHILE KRISHNA DISTRICT). ...PETITIONER/ACCUSED(S) AND PRADESH, (S.H.O 1.THE STATE OF ANDHRA BHAVANIPURAM POLICE VSTATION, VIJAYAWADA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF A.P. AMARAVATHI. 2.GADDAM PRASANNAJANEYULU, S/0 ^ANGAMAIAK AGED 50 YEARS, R/0. 76-5-10, BAJIBABA MANDIR ROAD, BHAVANIPURAM,VIJAYAWADA 520012. DISTRICT (ERSTWHILE KRISHNA DISTRICT) NTR ...RESPONDENT/COMPLAINANT(S); 2 Counsel for the Petitioner/accused(S): 1.K.S.G. PADMAVATHI Counsel for the Respondent/complainant(S): 1.MARELLA RADHA 2. PUBLIC PROSECUTOR The Court made the following: Tin 3 V > THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION No.152 OF 2025 COMMON ORDER: l■A■Nos.2 & 3 of 2025 in/and Criminal Petition No:152 of 2025 This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein/Accused Nos.1 to 3, to quash the proceedings in C.C.No.2093 of 2024 on the file of the learned Chief Metropolitan Magistrate, Vijayawada, for the offence U/secs.188, 171(E), 171(F), 341, 448, 325 and 506 r/w.34 of Indian Penal Code, 1860. Heard Smt.K.S.G.Padmavathi, learned counsel for 2. petitioners/A-1 to A-3 and Smt.M.Radha, 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-1 to A-3 and 2^*^ respondent herein are present before this Court. The petitioners/A-1 to A-3 and 2"'^ respondent produced their respective Aadhaar cards in proof of their identity. Learned counsel for the petitioners/A-1 to A-3 and the learned counsel for 2"^ respondent have identified both the parties in the open Court. 3. V ^ 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.1 to 3. 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 \ 4. i remote and bleak. V 5. 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 compromise, the Criminal Petition is allowed and therefore, the case proceedings in C.C.No.2093 of 2024 on the file of the learned Chief Metropolitan Magistrate, Vijayawada, for the offence U/secs.188, 171(E), 171(F), 341, 448, 325 and 506 r/w.34 of Indian Penal Code, 1860 against the petitioners herein/Accused No.1 to 3 is hereby quashed. 6. Accordingly, I.A.Nos.2 & 3 of 2025 and Criminal Petition No. 152 of 2025 are allowed. 2012 (9) Scale 257 5 f As a sequel thereto, the Interlacutory applications, if any pending in this Criminal Petition shall stand closed. SD/- K KASIRAO ACHARI ASSISTANT REGISTRAR ' SECTION OFFICER The Chief Metropolitan Magistrate, Vijayawada, Krishna District. The Station House Officer, Bhavanipuram Police Station, Krishna District. One CC to Sri K.S.G. Padmavathi, Advocate [OPUC] One CC to Smt. Marella Radha, Advocate [OPUC] Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] Three CD Copies //TRUE COPY// To 1. 2. 3. 4. 5. 6. SAM sree * along with joint compromise memo to the addresses .. I r . 1 HIGH COURT DATED:22/01/2025 ORDER I.A Nos.2 & 3 of 2025 in/and CRLP.No.152 of 2025 (j 1 1 FEB 2175 ) , Current SecUon ALLOWING THE I.A. Nos.1 & 2 of 2025 AND ALLOWING THE CRLP JOINT MEMO 1. I submit that I filed a complaint and the same was registered as Crime No. 312 of 2024 of SHO, Bhavanipuram Police Station, Vijayawada, NTR District(Erstwhile Krishna District) for the alleged offences under Section 448, 325, 506 r/w 34 IPC on 13.05.2024. The said crime was registered basing on the written report said to have been given by the 2^^ respondent against the petitioners. After completing the investigation the respondent police filed charge sheet for the offences U/s 188, 171(E), 171(F), 341,448, 325, 506 r/w 34 IPC against the petitioners, and the same was numbered as C.C. No.2093 of 2024 on the file of the Hon’ble Chief Metropolitan Magistrate at Vijayawada, NTR District (Erstwhile Krishna District). It is submitted that at the intervention of the disinterested mediator, the petitioners and I/the 2^^ respondent have compromised in the above said case. I have no interest to -pursue with the complaint against the petitioners/accused No. 1 to 3 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. 1 to 3 and me to compound the case and quash the C.C. No.2093 of 2024 on the file of the Hon’ble Chief Metropolitan Magistrate at Vijayawada, NTR District (Erstwhile Krishna District)against the petitioners. 2. Petitioner/Respondent No.2 Respondents a 1, 2. 3 D> • ^ Counsel for Petitioner/ Counsel for Respondents: Respondent-2 /