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2025 DAILYLAW 42038 (AP)

Jyothi Kiran Kumar v. The State of Andhra Pradesh

CRLP/10493/2025 · 2025-10-30

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010539302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10493/2025 Between: 1. JYOTHI KIRAN KUMAR, S/O JYOTHI PRAKASAM, AGED 38 YEARS R/O, D/N0.371-A3, BAYANAPALLI, CHINTALA CHERUVU, CUDDAPAH, CUDDAPAH DISTRICT. 2. JUTURU MALLIKARJUNA RAO, S/O JUTURU KOTESWARA RAO, AGED 34 YEARS, R/O,D/NO.O, INDUPURU, OLD HARIJANAWADA, ALLURU MANDALAM, INDUPURU, NELLORE DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR, A.P HIGH COURT BUILDING, AMARAVATHI. 2. RAMANAIAH YELAKACHARLA, S/O VENKATADRI, AGED 57 YEARS, R/O, NARASANAIDUPALLI VILLAGE, DAKKALI MANDAL TIRUPATI 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 F.I.R.No.81 of 2025 dt.29/09/2025, U/s 108, 79 r/w 3(5) BNS, Before the Dakkili P.S, Tirupati District, against the petitioners/A.1 & A.2 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 dispense with filing of the original certified copy of the F.I.R.No.81 of 2025, dt.29/09/2025, U/s 108,79 r/w 3(5) BNS, Before the Dakkili P.S, Tirupati District, against the petitioners/A-1 & A-2 , before this Hon’ble Court and pass 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 Stay of all further proceedings in F.I.R.No.81 of 2025, dt.29/09/2025, U/s 108, 79 r/w 3(5) BNS, Before the Dakkili P.S, Tirupati District, including the arrest of the petitioner/A.1 & A.2 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 may be pleased to permit the petitioners /A-1 & 2 to compromise the case in F.I.R.No.81 of 2025, dt.29/09/2025, U/s 108, 79 r/w 3(5) BNS, Before the Dakkili P.S, Tirupati District., in the interest of justice and pass IA NO: 4 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 may be pleased to quash the F.I.R.No.81 of 2025, dt29/09/2025, U/s 108, 79 r/w District, by 3(5) BNS, Before the Dakkili P.S, Tirupati compounding the offence in terms of compromise in the interest of justice and pass Counsel for the Petitioner/accused(S): 1. T M K CHAITANYA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed, by the Petitioners/Accused Nos.1 and 2, seeking quashment of F.I.R.No.81 of 2025, dated 29.09.2025, for the offences punishable under Sections 108, 79 read with 3(5) BNS, on the file of the Dakkili Police Station, Tirupati District. 2. Heard Sri T.M.K.Chaitanya, learned counsel for the petitioners and Ms.K.Priyanka Lakshmi, learned Additional Public Prosecutor. 3. Learned Additional Public Prosecutor takes notice on behalf of the State. 4. Petitioners/accused Nos.1 and 2 and husband of respondent No.2/complainant appeared before this Court, identified by their respective counsels on record as the respondent No.2/complainant is bedridden. Attested copies of Aadhar cards are filed. 5. Respondent No.2 represented before this Court that their son committed suicide for other reasons but not due to the petitioners/accused Nos.1 and 2. He further represented that under misconception, they have lodged case against accused Nos.1 and 2. He further represented that the accused Nos.1 and 2 are no way connected to the death of their son and that is why they want to withdraw the case. 6. Respondent No.2 further submitted that his wife is not in a position to travel. He further submits that their son is unmarried. 7. The wife of respondent No.2 i.e., the mother of the deceased appeared through Video Conference and stated that they do not want to proceed further in this matter since the accused have nothing to do with the death of their son. 8. Recorded. 9. Considering the submissions made, this Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.1 and 2 in F.I.R.No.81 of 2025 for the offences punishable under Sections 108, 79 r/w 3(5) of B.N.S. on the file of the Dakkili Police Station, Tirupati District, are hereby quashed. Pending applications, if any, shall stand closed. _________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 31.10.2025 M K K 133 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10493 of 2025 Dated: 31.10.2025 M K K