APHC010658162023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 1295 OF 2024 Between: 1. Pothabathula Akhilesh, S/o. Subba Rao Hindu, Male, Aged 27 years, Vinayaka Temple Street, 2nd Ward, Kovvur, East Godavari District. 2. Pothabathula Bala Muralikrishna, S/o. Subba Rao, Hindu, Male, Aged 25 years, Vinayaka Temple Street, 2nd Ward, Kovvur, East Godavari District. [Petitioner No.2 is not necessary party] ...Petitioners/Accused No. 1 & 2 AND 1. State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent/ Complainant 2. Khambam Bindu Bharghavi, W/o. Dasari Chandrasekhar, Hindu, Female, Aged years, D.No. 14-12-7/9/1, Sreeram Colony, Kovvur, East Godavari District. ...Respondents/Defacto Complainant Petition under Section 482 of Cr.P., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the entire proceedings in SC.ST SC No.6 of 2020 on the file of Special Court for Trail of Cases under SC/ST Act-Cum-VIII Additional District and Sessions Judge, West Godavari District, Eluru. Ific HO: 3 OF 2024 Petition under Section 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 him to enter into compromise by granting permission for the compounding of the offence in SC.ST SC N0.6 of 2020 on the file of Special Court for Trail of Cases under SC/ST Act-Cum-VIII Additional District & Sessions Judge, West Godavari District. Eluru, in the present criminal petition. lA NO: 4 OF 2024 Petition under Section 320 (2) of Cr.P.C., circumstances stated in the Memorandum of Grounds of Criminal Petition praying that in the , the High Court may be pleased to record the compromise by compounding of the offence in SC.ST SC N0.6 of 2020 on the file of Special Court for Trail of Cases under SC/ST Act-Cum-VIII Additional District & Sessions Judge Godavari District., Eluru, in the present criminal petition. West lA NO: 5 OF 2024 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 in SC.ST SC NO.6 of 2020 on the file of Special Court for Trail of Cases under SC/ST Act-Cum-VIII Additional District & Judge, West Godavari District, Eluru pending disposal of the main petition. Counsel for the Petitioners: Sri Mangena Sree Rama Rao Counsel for Respondent No.1: The Public Prosecutor Counsel for Respondent No.2: Sri N.Anula Sessions The Court made the following order: APHC010658162023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 1 (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.3 and 4 of 2024 In/and CRIMINAL PETITION No. 1295/2024 Between: l.POTHABATHULA AKHILESH, S/O.SUBBA RAO HINDU, MALE, AGED 27 YEARS, VINAYAKA TEMPLE STREET, 2ND WARD, KOWUR, .EAST GODAVARI DISTRICT. 2 POTHABATHULA BALA MURALIKRISHNA, S/O.SUBBA RAO HINDU, MALE, AGED 25 YEARS, VINAYAKA TEMPLE STREET, 2ND WARD, KOWUR, EAST GODAVARI DISTRICT. PETITIONER/ACCUSED(S) AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2.KHAMBAM BINDU BHARGHAVI, W/O.DASARI CHANDRASEKHAR, HINDU, FEMALE, AGED YEARS, D.NO. 14-12-7/9/1, SREERAM COLONY, KOWUR, EAST GODAVARI DISTRICT. ...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 may be pleased to quash the entire proceedings in SC.ST SC N0.6 of 2020 on the file of Special Court for Trail of Cases under SC/ST Act-Cum-VIII Additional District and Sessions Judge, West Godavari District, Eluru and pass Counsel for the Petitioner/accused(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent/complainant(S): l.NANULA 2. PUBLIC PROSECUTOR (AP) 2 The Court made the following: COMMON ORDER: The instant Criminal Petition is filed by the Petitioners under Section 482 of the Code of Criminai Procedure (for short" Cr.P.C.") for the following reiief: " ... to quash the entire proceedings in SC.ST SC No.6 of 2020 on the file of Special Court for Trail of Cases under SC/ST Act- Cum-VIII Additional District and Sessions Judge, West Godavari District, Eluru and pass ...." 2.1.A.No.3 of 2024 is filed by the Respondent No.2/ de facto complainant under Section 482 read with 320(6) Cr.P.C., seeking permission to compound the offences lodged against the Petitioners. . 3. I.A.No.4 of 2024 is fiied by Respondent No.2/complainant under Section 482 read with 320(2) Cr.P.C., seeking to record the compromise and quash the Proceedings in SC.ST.SC.No.6 of 2020 on the file of the Special Court for Trial of Cases under SC/ST Act-cum-VIII Additional District & Sessions Judge, West Godavari District, Eiuru against the Petitioners. 4. As can be seen from the charge sheet aliegations, on 07.12.2018 at about 07.30 p.m. whiie the de facto Complainant and her mother (L.Ws.2) passing through the road. Petitioners/a. 1 and A/2 stopped them and questioned about fiiing the compiaint against them, abused them touching their caste and threatened them in dire consequences that they wiil upioad the obscene messages through face book. The motive for this incident is that there is a money disputes between the parties and in that connection, a criminai case has been iodged against the Petitioners in Kovvuru Police Station. are 3 5. Today, Petitioners/A. 1 & A.2 and de facto Complainant/respondent No.2 appeared before this Court and were identified by their respective learned counsel. 6. Learned Assistant Public Prosecutor appearing for respondent No. 1/State is in attendance. 7. Now the parties are intending to compromise the issue and filed a joint memo to that effect. 8. Respondent No.2/ De facto Complainant appeared before this Court and would submit that she does not want to continue this criminal proceedings against the Petitioners/A. 1 and A.2. She would submit that she has not received any compensation in this case so far. In case, if any compensation is received, she will return the said amount to the Government within ten days from the date of receipt of such amount. 9. Considering the submissions, in the interests of justice, and in view of the undertaking given by respondent No.2/ De facto Complainant that she will return the amount to the Government whenever she receives such amount, I.A.Nos.3 and 4 bf 2024 are allowed. Consequently, the Criminal Petition is allowed and the Proceedings against Petitioners/A. 1 and A.2 in SC.ST.SC.No.6 of 2020 on the file of the Special Court for Trial of Cases under SC/ST Act-cum- VIII Additional District & Sessions Judge, West Godavari District, Eluru are hereby quashed. \ / 4 10. Registrar (Judicial) shall communicate the copy of this Order to the in the matter, petitions pending, if any, shall stand concerned District Collector for taking appropriate steps As a sequel thereto, miscellaneous closed. Sd/-B PRASADA RAO ASSISTANT REGISTRAR // ^ //TRUE COPY// SECTION OFFICER To, 1. The Registrar(Judicial), High Court of Andhra Pradesh,Amarava ti. 2. The Special Court for Trail of Cases under SC/ST Act-Cum-VIII Additional District & Sessions Judge, West Godavari District, Eluru, West Godavari District. 3. One CC to Sri Mangena Sree Rama Rao, Advocate [OPUC] 4. One CC to Sri N.Anula, Advocate [OPUC] 5. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies GPC vna high court P^ED: 31/07/2025 ORDER CRLP NO. 1295 OF 2024 & 1 g( 0 9 SEP 2025 CO ScanMtSKlBll'^ ■"•^ssasiifiSS^ E 1 s' ALLOWING THIS CRIMINAL PETITION