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2025 DAILYLAW 43434 (AP)

VELLEPU VENKATARAO v. THE STATE OF ANDHRA PRADESH

CRLP/8228/2025 · 2025-10-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010259512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.3 and 4 of 2025 In/and CRIMINAL PETITION No. 8228/2025 Between: 1. VELLEPU VENKATARAO, S/O.NARAYANARAO, AGED ABOUT 40 YEARS, OCC:AUTO DRIVER, R/O.D.NO.50-5-8/A, MYTHRI NAGAR, GUNADALA, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, MACHAVARAM POLICE STATION,NTR DISTRICT, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT AT ANDHRA PRADESH. 2. VELLEPU ANNAPURNAMMA, W/O. NARAYANARAO, AGED ABOUT 50 YEARS, OCC HOUSEWIFE, R/O.D.NO.50-5-8/A, MYTHRI NAGAR, GUNADALA, VIJAYAWADA, 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 may be pleased to quash the proceedings including the arrest of the petitioners pertaining to Cr.No.73 of 2025 on the file of Machavaram Police Station, Vijayawada, NTR District 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 condone a delay of 74 days in representation of the above petition 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 all further proceedings including the arrest of the petitioners pertaining to Cr.No.73 of 2025 on the 2 file of Machavaram Police Station, Vijayawada, NTR District in the interest of justice. 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 compound the Offence registered against the Petitioners and quash the proceedings pertaining to Crime No. 73 of 2025 on the file of Machavaram Police Station, Vijayawada, NTR District 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 to Permit the Respondent/Petitioner to Revision or Recall the records the offence registered against the Petitioners and quash the proceedings Pertaining to Crime No.73 of 2025 on the file of Machavaram Police Station, Vijayawada, NTR District and pass Counsel for the Petitioner/accused: 1. BHARGAVA RAJU MANTHINA Counsel for the Respondent/complainant(S): 1. S.R. DURGA PRASAD 2. PUBLIC PROSECUTOR 3 COMMON ORDER: The instant Criminal Petition is filed by the Petitioner under Section 528 of BNSS, 2023, for the following relief: “ ... to quash the proceedings including the arrest of the petitioners pertaining to Cr.No.73 of 2025 on the file of Machavaram Police Station, Vijayawada, NTR District ...” 2. IA.No.3 of 2025 is filed under Section 359(2) of BNS read with Section 528 of BNSS by the Petitioner/de facto Complainant seeking permission to compound the Offence registered against the Petitioner pertaining to Crime No.73 of 2025 on the file of Machavaram Police Station, Vijayawada, NTR District. 3. IA No.4 of 2025 is filed under Section 320(6) Cr.P.C. read with 528 BNSS, 2023 requesting to record compromise in pertaining to Crime No.73 of 2025 on the file of Machavaram Police Station, Vijayawada, NTR District. 4. During pendency of this Criminal Petition, the parties made a request that they intend to compromise the matter. Today, Petitioner/ Accused and Respondent No.2/De facto Complainant appeared before this Court and were identified by their respective learned counsels. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. 5. Ms. K. Priyanka Lakshmi, learned Asst. Public Prosecutor representing the State is also in attendance and submitted that the Court may pass appropriate orders. 4 6. The parties filed compromise petitions as stated supra stating that the matter is compromised between them and also filed a Joint Memo to that effect, which reveals that Respondent No.2 is the mother of the Petitioner/Accused and sister of the deceased (R.Srilekha-Witness No.3) and respondent No.2 executed an affidavit stating that there were no matrimonial disputes between the petitioner and the deceased and they have no objection to quash the proceedings against the Petitioner in the subject crime. 7. Respondent No.2/ De facto Complainant is the mother of Petitioner / Accused. Petitioner’s wife (Sirisha) committed suicide. 8. Ms.Srilekha, who is the sister of the deceased, appeared before this Court on 14.10.2025 and stated that she was examined as a witness (L.W.3) by the Police. The marriage of the Petitioner and her sister (deceased) was performed in the year 2016. During wedlock, they blessed with two male children. She stated that there are series of death incidents in the family i.e., her mother, brother and father died. Due to the same, her sister (deceased) went into deep depression, developed suicide tendency and committed suicide. The Petitioner and her sister (deceased) lived happily and there are no wear and tear issues between the couple. She further stated that she is married and living with her family. 9. As per the directions of this Court, today, the children of the Petitioner and deceased appeared before this Court. Elder son(Navadeep) stated that he is studying X class and younger son(Varun) stated that he is studying VI Class and 5 they are living with their grand-mother at Gunadala. Children stated that her grand-mother is looking after them well. 10. Considering the submissions, in the interests of justice, I.A.Nos.3 and 4 are allowed. Consequently, this Criminal Petition is allowed and the Proceedings against the Petitioner/Accused in Crime No.73 of 2025 of Machavaram Police Station, Vijayawada, NTR District, are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 8228 of 2025 17.10.2025 Mjl /*