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2025 DAILYLAW 40074 (AP)

Kakarla Naga Krishna Rao alias Krishna Rao v. State of Andhra Pradesh,

CRLP/12464/2025 · 2025-12-07

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010642912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12464/2025 Between: 1. KAKARLA NAGA KRISHNA RAO ALIAS KRISHNA RAO, S/O BRAHMAIAH.AGED ABT 44 YEARS R/O D.NO 8-87,CHINTALA THOTA, UNDRAJAVARAM MANDAL, VELIVENNU.WEST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. KOMMU RAMBABU, S/O APPARAO D NO 1586 PRABHU NAGAR PORANKI VILLAGE PENAMALURU MANDAL KRISHNA 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 pleased to quash the proceedings in Crime No.543 of 2025 on the file of Penamaluru Police Station of Vijayawada against the petitioner /Accused No.1 IA NO: 1 OF 2025 Petition under Section 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 stay of all further proceedings including appearance of the petitioner/ Accused No.1 related to Crime No.543 of 2025 2 on the file of Penamaluru Police Station of Vijayawada pending disposal of the above quash petition IA NO: 2 OF 2025 Petition under Section 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 permit the Respondent no.2 / De Facto Complainant in the Criminal Petition - CRL.P.No.12464 of 2025, on the file of the Honourable High Court of Andhra Pradesh, to file the present permission petition in the Criminal Petition CRL.P.No.12464 of 2025, on the file of the Honourable High Court of Andhra Pradesh, filed by the Petitioner therein / Accused No.1, against the Crime / FIR No.543 of 2025, dated 11-09-2025, on the file of Penamaluru Police Station, Vijayawada, and pass IA NO: 3 OF 2025 Petition under Section 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 record the Compromise between the parties i.e. the Petitioner herein (Accused No.1) namely Kakarla Naga Krishna Rao @ Krishna Rao S/o Brahmaiah and the Respondent no.2 / Private Respondent / De Facto Complainant namely Kommu Rambabu S/o Apparao, in the Criminal Petition - CRL.P No.12464/2025, on the file of the Honourable High Court of Andhra Pradesh and allow the Criminal Petition - CRL.P No.12464/2025, on the file of the Honourable High Court of Andhra Pradesh by quashing the FIR No.543 of 2025, dated 11-09-2025, on the file of Penamaluru Police Station, Vijayawada, and all proceedings thereto against the Petitioner therein (Accused No.1) and pass Counsel for the Petitioner/accused: 1. M. SAPTHAGIRI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.2 & 3 of 2025 In/and CRIMINAL PETITION NO: 12464/2025 COMMON ORDER: The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for short ‘BNSS act’) has been filed, by the Petitioner/Accused No.1, seeking to quash the proceedings pending against him in Cr.No.543 of 2025 dated 11.09.2025 of Penamaluru UPS Police Station, Krishna District for the offences punishable under Sections 329(4), 127(2), 115(2), 118(1), 137(2), 308(5) r/w 3(5) BNS. 2. Today, when the matter is taken up for hearing, petitioner/Accused No.1 and the respondent No.2/defacto complainant, are present before this Court. They produced their respective attested copies of Aadhar cards in proof of their identity and the same were placed on record for proper identification. Both the learned counsel on record have identified both the parties in the open Court. 3. I.A.Nos.2 and 3 of 2025 are filed by the respondent No.2/defacto complainant seeking to record compromise and quash the proceedings pending against the petitioner/Accused No.1. 4. The complainant/respondent No.2 represented that he has voluntarily come forward to enter into compromise in this case and there is no force or fear to enter the compromise in this case. 4 5. Learned Assistant Public Prosecutor would submit that compromise may be recorded since the complainant/respondent No.2 himself realized that there is no case to prosecute. 6. Considering the submissions made, it is apposite to allow the I.A.Nos.2 and 3 of 2025 by quashing the proceedings in Cr.No.543 of 2025 dated 11.09.2025 of Penamaluru UPS Police Station, Krishna District for the offences punishable under Sections 329(4), 127(2), 115(2), 118(1), 137(2), 308(5) r/w 3(5) BNS against the petitioner/Accused No.1. 7. Accordingly, I.A.Nos.2 and 3 of 2025 are allowed. 8. Since both the parties entered into compromise, no further orders are required in this matter. Accordingly, this Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.12.2025 SNI 5 224 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.2 & 3 of 2025 In/and CRIMINAL PETITION NO: 12464/2025 Dt.08.12.2025 SNI