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2025 DAILYLAW 37630 (AP)

GUNTUPALLI ARUNA v. THE STATE OF ANDHRA PRADESH

CRLP/9578/2022 · 2025-01-29

Venkata Jyothirmai Pratapa

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A Nos. 1&2 of 2025 in/and CRIMINAL PETITION NO: 9578 OF 2022 CRIMINAL PETITION NO: 9578 OF 2022 Between: 1. Guntupalli Aruna, W/o Rama Mohana Rao, Aged about 41 years,H.No. 6-36, Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) 2. Guntupalli Ram Mohan, S/o Koteswara Rao, Aged about 49 Years, H.No. 6-36, Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) 3. Guntupalli Hymavathi, W/o Koteswara Rao, Aged about 68 Years of H.No. 6-36, Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) ...Petitioners/Accused No. 1 to 3 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of AP, Amaravati. r"'" 2. Aleti Madhavi, (De-Facto Complainant) W/o Ramesh, The then Mandal Revenue Inspector-I D.No. 9-10, Lam village,Tadikonda Mandal, Guntur District ...Respondents 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 to quash the proceedings of C.C. No. 984/2022 on the file of Learned Additional Junior Civil Judge Court, Mangalagiri. I.A. NO: 2 OF 2022 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 to grant stay of all further proceedings including appearance of the petitioner herein in C.C. No. 984/2022 on the file of Learned Additional Junior Civil Judge Court, Mangalagiri, pending disposal of the above Criminal Petition. LA. NO: 1 OF 2025 Between: Aleti Madhavi, W/o Ramesh, The then Mandal Revenue Inspector-I D.No. 9-10, Lam village,Tadikonda Mandal, Guntur District ...Petitioner/Respondent/De-facto Complainant AND 1. Guntupalli Aruna, W/o Rama Mohana Rao, Aged about 41 years,H.No. 6-36, Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) f * r 2. Guntupalli Ram Mohan, S/o Koteswara Rao, Aged about 49 Years, H.No. 6-36, Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) 3. Guntupalli Hymavathi, W/o Koteswara Rao, Aged about 68 Years of H.No. 6-36, Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) ...Respondents/Petitioners 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of AP, Amaravati. ...Respondent/Respondent Petition under Section 320(2) R/w 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 to compound the offences against the Respondents /Petitioners, who are A-1 to A-3 in CC No. 984/2022 on the file of Additional Junior Civil Judge Court, Mangalagiri. I.A. NO: 2 OF 2025 Between: Aleti Madhavi, W/o Ramesh, The then Mandal Revenue Inspector-I D.No. 9-10, Lam village,Tadikonda Mandal, Guntur District ...Petitioner/Respondent/De-facto Complainant AND 1. Guntupalli Aruna, W/o Rama Mohana Rao, Aged about 41 years,H.No. 6-36, Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) 2. Guntupalli Ram Mohan, S/o Koteswara Rao, Aged about 49 Years, H.No. 6-36, Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) 3. Guntupalli Hymavathi, W/o Koteswara Rao, Aged about 68 Years of H.No. 6-36, Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) ...Respondents/Petitioners 3. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of AP, Amaravati. ...Respondent/Respondent Petition under Section 320(6) R/w 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 to permit the Petitioner/R-2 to compound the offences under sections 353,506 R/w 34 IPC, in the present case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Souri Babu Duppati, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No. 1 and Sri Bobba Hah Prasad Reddy, Advocate for the De- facto Complainant. on The Court made the following: COMMON ORDER APHC010652762022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.l & 2 of 2025 IN/AND CRIMINAL PETITION NO: 9578/2022 Between: 1.GUNTUPALLI ARUNA, W/0 RAMA MOHANA RAO, AGED ABOUT 41 BANDARUPALLI VILLAGE,TADIKONDA YEARS,H.NO. 6-36 MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.) 2.GUNTUPALLI RAM MOHAN,, S/0 KOTESWARA RAO, AGED ABOUT 49 YEARS, H.NO. 6-36, BANDARUPALLI VILLAGE,TADIKONDA MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.) 3.GUNTUPALLIHYMAVATHI,,W/0 KOTESWARARAO, AGED ABOUT 68 YEARS OF H.NO. 6-36, BANDARUPALLI VILLAGE,TADIKONDA MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.) ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH. REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATI. 2.ALAI MADHAVI, W/0 RAMESH, THE THEN MANDAL REVENUE INSPECTOR -I D.NO. 9-10, LAM VILLAGE,TADIKONDA MANDAL, GUNTUR DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1.SOURI BABU DUPPATI Counsel for the Respondent/complainant(S): 1.BOBBA HARI PRASAD REDDY 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 X COMMON ORDER: The criminal petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioners / Accused No.1 to 3 seeking quashment of the proceedings against them in C.C.No.984 of 2022 on the file of the Court of Additional Junior Civil Judge, Mangalagiri for the offences under Sections 353 and 506 read with 34 of Indian Penal Code, 1860. I.A.Nos.1 and 2 of 2025 are filed by Respondent No.2/Complainant 2. under Section 320 Cr.P.C seeking to compound the offences alleged against the Petitioners/Accused Nos.1 to 3 in C.C.No.984 of 2022 on the file of the Court of Additional Junior Civil Judge, Mangalagiri. Petitioners / Accused Nos.1 to 3 and Respondent No.2 appeared before 3. this Court and were identified by their respective learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. Learned Additional Public Prosecutor is in attendance. 4. Respondent No.2 by way of an affidavit would submit that, at the intervention of well-wishers and village elders of both sides, the matter was settled between the parties and in view of the same, she intends to compound the offences alleged against the Petitioners in the present case and prays for quashment of the case. 5. 3 Considering the submissions and in view of the judgment of the High Court of Sikkim in Krishna Lall Timsina vs. Kanu Priya Rai and another\ which is relied on by the learned counsel for the Petitioners, in the interests of justice, I.A.Nos.1 and 2 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case against the Petitioners/Accused Nos.1 to 3 in C.C.No.984 of 2022 on the file of the Court of Additional Junior Civil Judge, Mangalagiri for the offences under Sections 353 and 506 read with 34 IPC is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. 1 2019 SC OhLine Sikk 196 Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR % ^ SECTION OFFICER //TRUE COPY// To, 1. The Additional Civil Judge (Junior Division), Mangalagiri, Guntur District 2. One CC to Sri. Souri Babu Duppati Advocate [OPUC] 3. One CC to Sri Bobba Hari Prasad Reddy Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 5. Three CD Copies *along with the copy of joint memo filed in I.A No.1 of 2025 vna X \- HIGH COURT DATED:29/01/2025 COMMON ORDER I.A Nos. 1 & 2 of 2025 in/and CRLP.No.9578 of 2022 ■ofANDH^ 18 FEB 2025 ^ . Current Section . ^ ALLOWING THE I.A Nos. 1 and 2 of 2025 AND ALLOWING THE CRIMINAL PETITION HIGH COURT ANDHRA PRADESH :: AT AMARAVATHI I.A.No. of 2025 in Crl.P.No. 9578 of 2022 Between: 1. Aleti Madhavi, W/o Ramesh, The then Mandal Revenue Inspector-I D.No. 9-10, Lam village,Tadikonda Mandal, Guntur District. ... Petitioner/Respondent/De-facto Complainant AND 1. Guntupalli Aruna, W/o Rama Mohana Rao, Aged about; 41 years, ^ 2. Guntupalli Ram Mohan, S/o Koteswara Rao, Aged about 49 Years, Guntupalli Hymavathi, W/o Koteswara Rao, Aged about 68 Years, (The above all petitioners are the residents of H No 6-36 Bandarupalli Village,Tadikonda Mandal, Guntur District, Andhra Pradesh.) 3. Respondents/Petitioners The State of Andhra Pradesh, through its Public Prosecutor High Court of Andhra Pradesh Guntur District. 4. ... Respondent/Respondent (R-4 is not necessary party to this memo) i ^OINT MEMO FILFn Rv jhf PjUTIONER & RF^^pqndfmt It is respectfully submitted that the matter in Additional Junior between the Petitioner/De-facto dispute relating to the subject Mangalagiri is settled who at the intervention of the relationship with elders. I consequentially not pressing the Civil Judge Court Complainant and the Respondents are the petitioners in the main Quash Petition elders and settle the iissue. In view to maintain cordial petitioners in the viliage and in view o, the intervention of the have agreed for such above said sessions case. compromise and I further humbly submit compromise arrived the parties the that, in the oigiven set of circumstances and the continuation of the above criminai No 1 to 3 is no compound the case against the petitioners/Accused such he has Respondents/Petitioners, CC and the petitioners i respondents herein the offences in the said SC with free coercion in getting the matter way required and as no objection to case against the who are arrayed as A-1 to A-3 in the in the main Quash Petition. present The petitioner and the are jointly filing the present Memo for compounding will and consent and there is no compounded. Hence, this Memo. Amaravathi Dt. 03.01.2025 A. SCsJ y ^ Petitioner/R-2 Counsel for tlieH3etitioner/R-2 / (\P R-1/Petitioner No.1 R-2/Petitioner No.2 a; R-3/Petitioner No.3 Counsel for the Respon^ ts 1 to 3 /Petitioners