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2025 DAILYLAW 43210 (AP)

Ajay Arun Gaikwad v. The State of Andhra Pradesh

CRLP/674/2025 · 2025-03-16

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A.No.3 of 2025 IN/AND CRIMINAL PETITION NO: 674 OF 202^ I.A.No.3 of 2025 Between; Shri Karri Naga Satyanarayana Reddy, S/o. Sureddy, Aged about 40 Years, Occ- Business, R/o. Ravulapalem Post, Amlapuram, Dr. B.R. Ambedkar Konaseema District. ...Petitioner / Defacto-Complainent AND 1. Ajay Arun Gaikwad, S/o. Arun Gaikwad, Age- 30 years. Occu: Business, R/o. 101, Shivneri, Ragav Nagar, Dhankavri, Pune - 43, Maharashtra. 2. Anita Arun Gaikwad, D/o. Arun Gaikwad, Age- 35 years, Occu- Business, R/o. 101, Shivneri, Ragav Nagar, Dhankavri, Pune - 43, Maharashtra. ...Petitioner/Accused No.1 and 2 3. The State of Andhra Pradesh, Rep. by its Public Prosecutor at High Court of Andhra Pradesh, at Nelapadu, Amaravati. ...Respondent Petition under Section 320(2) Cr.P.C and 359(3) 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 and quash the FIR No. 288 of 2024 dated 25-09-2024, on the file of Ravulapallem P.S., Dr. Ambedkar Konaseema District. CRIMINAL PETITION NO: 674 OF 2025 Between: 1. Ajay Arun Gaikwad, S/o. Arun Gaikwad, Age- 30 years. Occu; Business, R/o. 101, Shivneri, Ragav Nagar, Dhankavri, Pune - 43, Maharashtra. 2. Anita Arun Gaikwad, D/o. Arun Gaikwad, Age- 35 years, Occu- Business, R/o. 101, Shivneri, Ragav Nagar, Dhankavri, Pune - 43, Maharashtra. ...PETITIONER/ACCUSED No.1 and 2 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor at High Court of Andhra Pradesh, at Nelapadu, Amaravati. ...Respondent 2. Shri Karri Naga Satyanarayana Reddy, S/o. Sureddy, Aged about 40 Years, Occ- Business, R/o. Ravulapalem Post, Amlapuram, Dr. B.R. Ambedkar Konaseema District. ...Respondent/ Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to to call for record and proceedings of FIR. No. 288 of 2024, dated: 25- 09-2024, on the file of P.S. Ravulapallem Dr.Ambedkar Konaseema District, and quash the same and pass I.A. NO: 2 OF 2025 Petition under Section 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 grant stay of all further proceedings in FIR. No. 288 of 2024, dated: 25-09-2024, on the file of P.S. Ravulapallem, Dr.Ambedkar Konaseema District. I.A. NO: 4 OF 2025 Petition under Section 320(6) of Cr.P.C, ad 359(6) 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 petitioner to compound the offence and to quash the FIR No. 288 of 2024 dated 25- 09-2024, on the file of Ravulapallem P.S., Dr. Ambedkar Konaseema District This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C B Adarsh Kumar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 The Court made the following: / APHC010034042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■I [3457] ■i-' MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 674/2025 Between: Ajay Arun Gaikwad, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) and Others Counsel for the Petitioner/accused(S): 1.C BADARSH KUMAR Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR i / I.A.No.S of 2025 in/and Criminal Petition No.674 of 2025 The Court made the following order: l A.No.S of 2025 This Criminal Petition is filed under Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS, 2023 ) seeking to quash the proceedings initiated against the petitioners/A1 & A2 in Crime.No.288 of 2024, dated 25.09.2024 of Ravulapallem Dr.Ambedkar Konaseema District, registered for the punishable under Sections 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita (for short “BNS”). learned counsel for the petitioner and learned counsel respondent, who appeared through online and learned respondent, who is present in the Court. 3. Learned counsel for the petitioner/A1 & A2 has filed I.A.No.3 of 2025, duly enclosing a Joint Memo entered between the accused the de-facto complainant. Wherein, it is stated that at the both side and well wishers, the de-facto Police Station offences 2. Heard St for the 1 nd counsel for the 2 as well as intervention of elders on complainant and the accused are together compromised the matter T and have settle the dispute record the compromise and allow the amicably. As such, prayed this Court to criminal petition. 4. In view of the the settlement in the interest of both complainant, I find that this is a fit case to permit the compound the offences. compromise entered between the parties and petitioners and de-facto petitioners to 5. Accordingly, I.A.No.3 of 2025, is ordered. Cr.L.P.No.674 of 6. In view of the Cr.L.P.No.674 of 2025, terms of the Joint Memo proceedings initiated No.288 of 2024 of Konaseema District. orders passed in I.A.No.3 of 2025 i the present Criminal Petition is allowed in in dated 24.01.2025, by quashing the against the petitioners/ A1 & A2 in Crime Ravulapallem Police Station, Dr. Ambedkar As a sequel, miscellaneous applications petition, shall stand closed. pending, if any, in this ^assistantStrar SECTION OFFICER 2. olSrs"' 3- Two CCs to PuMc^Pres^'^^*l Kumar Advocate [OPUCI < Three CD Copie" Court of Adhm^radesh ,OUTl (ENCLOSING THE //true copy// To. JOINT MEMO) HIGH COURT DATED:17/03/2025 COMMON ORDER l-A-No-S of 2025 IN/AND CRIMINAL PETITION NO: 674 OF 2025 ALLOWING THE I.A.No.3 of 2025 IN/AND CRLP PRADESH AT AWIARAVATHI \ THE HIGH COURT OF ANDHRA l.A.No. IN Crl.P.No 674 IN OF 2025 OF 2025 Between: Gaikwad,Age: 30 years, i Ragav Nagar, Dhankavn i, Pune - 43, 1 Aiav Arun Gaikwad, S/o. Arun Ocou: Business, R/o. 101, Shrvnen, Maharashtra. Anita Arun Gaikwad, D/o. Arun Business, R/o. 101, Shivnen, Ragav Nag Maharasihtra. Gaikwad, Ag.^35 years, Ocou:^^ 2 ..Petitioners/Accused No. 1 and 2 y AND 1 The Slate of Andhra Pradesh Represented by the Pubiic Prosecutor, High Court at Amaravathi. clr^ ciiirpddv Aqed about 40 Ambe'dkar Konaseema District De-facto Complainant THEPEIiIiQNEES_AND JOINT Arrii<^ed No.1 and 2 in FIR submitted that the pewoners Rgvulapallem P.S., of 2024 dated 25-09^20^^^, ,3,, U/sec 318(4) r/w 3(5) of BNS. 1. It is Nd. 288 Dr Ambedkar Konaseema committed offence punishable ( Counsel fc/r the Petitioners ^ Petitioners c- - De-facto Complainant (Respondent No.2) Counsel for 3s^ndent No^ 2. It is submitted that basing on complaint made by respondent No.2 the respondent police have registered as FIR No. 288 of 2024 dated a case against the petitioners 25-09-2024, on the file of Ravulapallem P.S., Dr Ambedkar Konaseema District, for the alleged offences U/sec 318(4) r/w 3(5) of BNS. Further the petitioners have filed Crl.P.No, 674 of 2025 before this Hon'ble Court, praying the Hon'ble Court to call for record and proceedings of FIR. No. 288 of 2024, dated: 25-09-2024, on the file of P.S. Ravulapallem, Dr.Ambedkar Konaseema District, and quash the same. ’ 3. It is submitted that during Petition, at the intervention the pendency of the above Criminal of the elders and well-wishers I Petitioners and the Respondent No2 have and both of the parties have voluntarily agreed the dispute by writing the terms compromised the matter and amicably settled as the crime registered was purely and the petitioners have agreed to out of a commercial transaction pay back to the Respondent No.2 r (Rupees Ninety-Three Lakhs Five thousand an amount of Rs. 93,05,690/- - six hundred and ninety at satara road, Pune by only) lying at bank namely ICICI Branch deducting 4,00,000/- (i.e. 89,05,690). :T? Counsel ior the Petitioners Petitioners / Counsel for Respondent No2 De-facto Complainant (Respondent No.2) / 4. That in view of No.2 and the petitioners and compromise being entered between the respondent as both the parties are satisfied and the respondent No.2 agreed to with draw the case filed by him, and no other cases are filed and both the parties undertakes that nc» other cases are pending before instant case and both the parties undertakes any authority/court except the that no further cases will be filed against each other with regard to the subject transaction. This Hon’ble Court in the interest of justice and on equity, exercising its power under the inherent jurisdiction. may be pleased to quash process of law and to meet the the complaint to stop the abuse of ends of justice. Amaravathi, Date; I ./n Counsel/forthe Petiti ners Petitioners 1^ De-facto Complainant (Respondent No.2) Counsel for Respondent f)lo2 %