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2025 DAILYLAW 43459 (AP)

PALETI @ PIDATHALA NAVEEN CHANDRA v. THE STATE OF ANDHRA PRADESH

CRLRC/1154/2022 · 2025-08-06

Y Lakshmana Rao

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Judgment text

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APHC010659922022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WM THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO LA-Nos. 2 & 3 OF 2024 IN/AND CRIMINAL REVISION CASE NO: 1154 OF 2022 Revision case filed under Section 397 & 401 of Cr.P.C., aggrieved by the Judgment and sentence dated 23-11-2022 passed in CrI.A. No. 280 of 2018 by the learned VII Additional Session Judge, Gudur, SPSR Nellore District.Conforrming the Judgment and sentence in CC.563/2016 by the Additional Judicial Magistrate of 1 Class Gudur dated 11.09.2018 Between: Paleti @ Pidathala Naveen Chandra, S/o. Chinna Masthanaiah, Age. 29 years, R/o. Arunathiyapalem, Gudur Town. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. ...Respondent 2. P.Subhashini, W/o. P.Naveen Chandra, Aged about 26 Years, R/o. Santhi Nagar, Gudur Town, SPSR Nellore District. ...Respondent/Respondent No.2 [Respondent No.2 is impleaded as per the court’s order dated 07.08.2025 in I.A.No. 01 of 2024 in CrI.R.C. No. 1154 of 2022] 6 lA NO: 2 OF 2022 praying that in the Petition under Section 397(1) of Cr.P.C. circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Judgment and conviction sentence passed by VII Additional Session Judge, Gudur, SPSR Nellore District in CrI.A. No. 280 of 2018, dated 23-11-2022 confirming the Judgment and Sentence in CC.No. 563 of 2016 passed by the Additional Judicial Magistrate of I Class, Gudur, dated 11-09-2018 and enlarge the Petitioners on bail pending disposal of the main Revision case. lA NO: 2 OF 2024 Between: P.Subhashini, W/o. P.Naveen Chandra, Aged about 26 Years, R/o. Santhi Nagar, Gudur Town, SPSR Nellore District. ...Petitioner/Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. ...Respondent Paleti @ Pidathala Naveen Chandra, S/o. Chinna Masthanaiah, Age. 29 years, R/o. Arunathiyapalem, Gudur Town. .. .Respondent/Complainant praying that in the Petition under Section 359 (2) of BNSS circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to record the compromise entered into in between the petitioner and the respondent No.2/Petitioner, by allowing the revision petition duly setting aside the conviction and sentence imposed upon the accused vide Judgment dated 11.09.2018 passed in C.C. No. 553 /2016, the file of the court of the Additional Judicial Magistrate of First Class on I Court, Gudur and Judgment dated 23-11-2022 in Criminal Appeal. No. 280 of 2018, on the file of the court of the VII Additional Sessions Judge, Gudur, SPSR Nellore District and acquit the 2nd respondent/Petitioner. (* Joint Memo enclosed vide separate sheet) i lA NO: 3 OF 2024 Between: P.Subhashini, W/o. P.Naveen Chandra, Aged about 26 Years, R/o. Santhi Nagar, Gudur Town, SPSR Nellore District. ...Petitioner/Complainant AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh At Amaravati. ...Respondent No.1 2. Paleti @ Pidathala Naveen Chandra, S/o. Chinna Masthanaiah, Aged about 31 years, R/o. Arunathiyapalem, Gudur Town. ...Respondent No.2/Accused Petition under Section 359 (6) of BNSS, praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to enter into compound in the CRL.R C. No. 1154 of 2022 on the file of this Hon’ble Court, which is filed against the Judgment Dt. 23.11.2022 in Criminal Appeal. No. 280/2018, on the file of the court of the VII Additional Sessions Judge, Gudur, SPSR Nellore District thereby enhancing the sentence imposed by the Additional Judicial Magistrate of First Class Court, Gudur in C.C. No. 553/2016, dated 11.09.2018. Counsel for the Petitioner : SRI M.RAVINDRA, ADVOCATE Counsel for Respondent No.1 : THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. Counsel for Respondent No.2 ; SRI S.MAHASWETHA VARMA, ADVOCATE The Court made the following COMMON ORDER : APHC010659922022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY-FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 1154/2022 Between: Paleti @ Pidathala Naveen Chandra ...PETITIONER AND The State of Andhra Pradesh ...RESPONDENT Counsel for the Petitioner: M Ravindra Counsel for the Respondent: Public Prosecutor (AP) The Court made the following: COMMON ORDER: I.A.No.1 of 2024 nd The petition is filed to implead the de-facto complainant/wife as 2 respondent. 2. Heard both sides. Petition is allowed. I.A.No.2 of 202» The petitioner and the 2'^'^ respondent/de-facto complainant are present. 3. 2 Dr.YLRj Crl.R.C.No.ll54 of 2022 Dated 07.08.2025 A joint memo has been stating that towards full and final: also been filed by the 2 settle the case with the filed by the petitioner and the 2'''^ respondent, an amount of Rs. 6,00,000/ - has been paid to the 2 settlement Of the dispute between nd respondent 'hem. An affidavit has compromise and nd respondent, petitioner. granting permission to 5. For the permitting the 2'^^ reasons ''mentioned in the petition, the petition i respondent to compromise With the petitioner. IS allowed LA.No.3 nf 007^^ 6. The petition is filed by the 2"^ Permission is accorded. respondent to compound the offence. 7. 8. The 2"*^ respondent is permitted to compound the offence with the petitioner. In the result, the The petitioner i Criminal Revision 's acquitted under Section Case is disposed 320(8) of ‘the Cr.P.C’ as compromised. 10. In view of the permitting both parties to to compound the offence above reasons l A.Nos.l to 3 of 2024 case. Respondent No.2 i are allowed. compromise the with the petitioner. IS permitted 11. Accordingly, the I.A.Nos.S-1 to 3 of 2024 are allowed, and the Criminal the offence, passed by the learned Additional Revision Case is disposed of Consequently, the as compromised by compounding conviction and sentence 3 Dr.YLR, J Crl.R.C.No.ll54 of 2022 Dated 07.08.2025 Judicial Magistrate of I Class, Gudur, in C.C.No.563 of 2016, dated 11.09.2018, as confirmed in Criminal Appeal No.280 of 2018, dated 23.11.2018, by the learned VII Additional Sessions Judge, Gudur, aside, as a result, the petitioner is acquitted. There shall be no order as to costs. are set 12. As a sequel, interlocutory applications, if any pending, shall stand closed. SDI- K.TATARAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The VII Additional Session Judge, Gudur, SPSR Nellore District, (with records if any) 2. The Additional Judicial Magistrate of I Class, Gudur, SPSR Nellore District. 3. One CC to Sri M.Ravindra, Advocate [OPUC] 4. One CC to Sri S.Mahaswetha Varma, Advocate [OPUC] 5. Two CC’s to the Public Prosecutor, High Court of A.P.at Amaravathi [OUT] 6. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi 7. Two CD Copies GPC TAC (* Alongwith Joint Compromise Memo enclosed in lA No.02 of 2024 to the addresses.) IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT AMARAVATHI I.A. No. of 2024 IN CRL.R.C. No. 1154 of 2022 Between: Paleti @ Pidathala Naveen Chandra, S/o. Chinna Masthanaiah, aged about 31 years, R/o. Arunathiyapalem,Gudur Town. ... Petitioner/Accused And 1) The State of Andhra Pradesh Rep by its Public Prosecutor, High Court of Andhra Pradesh.at Amaravathi. .. Respondent 2) P.Subl;iashini, W/o. P.Naveen Chandra, Aged about 26 years, R/o. Santhi Nagar Gudur Town.SPSR Nellore District. .. Respondent/ Complainant JOINT MEMO FILED BY THE PETITIONER AND 2^^^ RESPONDENT. 1. It is submitted that the above criminal revision is filed by the Petitioner/ Accused aggrieved by the Judgment and sentence passed by the learned VII Additional Session Judge, Gudur, SPSR Nellore District in CrI.A.No. 280 of 2018, dated 23.11.2022 conforming the Judgment and Sentence in C.C.No. ^3 of 2016 passed by the Additional Judicial Magistrate of I class, Gudur, dated: 11.09.2018. Th’e Respondent No-2/Complainant herein was married to the petitioner/accused during the year 2005, in Sri Chennakesava Swamy Temple^Gudur. After marriage, the Respondent No-2 joined the matrimonial home and blessed with a male baby who is challenged. After a few years of our wedlock, the petitioner/accused developed illegal contact with other women (Accused no.6) and secretly performed a second marriage with her. Then the petitioner/accused harassed 2. we were or .u \ 3 #■ the Respondent No-P/Complainant both mentally and physically on instigation of A2 to A6. Later, the neighbours and elders tried to everything was in vain. Then, the Respondent No-2 filed pacify the disputes several times, but a complaint before the I Town Police Station under section 498-A of IPC. The C.C. No. 563 /2016, on the file of the court of the Additional Judicial Magistrate of First Class Court,Gudur, the petitioner/accused was found guilty for the offence punishable under section 498-A IPC and was convicted under section 248(2),Cr.P.C and was sentenced to undergo SI for three years and to pay a fine of Rs.1,000/- and in default of payment of fine, shall undergo SI for three months for offence u/s 498-A IPC. Then the petitioner/accused preferred appeal, CrI.A.No. 280/2018, on the file of the court of the VII Additional Sessions Judge, Gudur, SP3R Nellore District, the in the appeal and order dated: 23.11.2022. The 2nd respondent/ petitioner /accused filed mutual divorce under sec 13-B of Hindu iVIarriaae same was confirmed complainant and the Ai H.M.O.P.No. 190/2024, on the file of the court of the Civil Judge ( Senior Division), Gudur. 3. It is submitted after thd above said Judgment dt. 23.11.2022 in Criminal Appeal No. 280 of 2018 passed by the Appellate Court, the common friends and well wishers of the petitioner/accused and 2'''^ respondent/complainant had intervened and instance the petitioner/accused and the 2nd respondent/complaina nt entered compromise and agreed to settle the disputes. In pursuance of the said at their into compromise the Petitioner/accused agreed to pay a sum of Rs.6,00,000/- towards the present, past and future maintenance, full and final settlement to the Respondent No2/ complainant and minor child by name Paleti Ancy and the Respondent No2/ complainant agreed to take care the minor child. The Respondent No2/ complainant had agreed not to 2)' 0 \ i-A, ^-r initiate any criminal action against the petitioner/accused. That the parties hereto have resolved the differences among themselves and agreed to settle their differences the following terms; on That the Petitioner/ Accused paid an amount of Rs. 6,00,000/- on the day a. of compromise to the Respondent-2/Complainant towards the present, past and future maintenance full and final settlement to the Respondent No.2/ complainant and minor child by name Paleti Ancy by way of DD and the Respondent-2/Complainant has accepted the same. The Respondent No2/ complainant had agreed not to initiate any criminal action against the petitioner/accused and his family members or relatives in future. b. That the Respondent No-2 / Complainant accepted the above said amount towards full and final settlement and she has revision by compounding the offence. no objection for allowing the That the 2nd respondent / complainant and the petitioner /accused filed mutual , on the file of c. divorce under sec 13-B of-Hindu Marriage Act, H.M.O.P.No. 190/2024 the court of the Civil Judge ( Senior Division), Gudur both parties are agreed to cooperate to dispose of the HMOP. No. 190 of 2024 for mutual divorce. As such we have filed a petition seeking the Hon’ble Court to record the compromise. The contents mentioned in the said compromise petition are true and correct to the best of our knowledge and belief. The said our free will and consent and without any undue influence from any one. Hence are filing the present Joint Memo. compromise is entered with we O Complalnant/Respondent No-2 (P.Subhashini) Petitioner/Accused (Paleti @ Pidathala Naveen Chandra) .H/- Counsel for Respondent / Complainant Counsel for Petitioner/Accused HIGH COURT DATED: 07/08/2025 COMMON ORDER: I.A.N0S. 2 & 3 OF 2024 IN/AND CRL.R.C. NO: 1154 OF 2022 DISPOSING OF THE CRIMINAL REVISION PETITION AS COMPROMISED