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2025 DAILYLAW 43877 (AP)

Mogal Mahaboob alias Mahabu Basha v. The State of Andhra Pradesh

CRLP/8816/2025 · 2025-08-31

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010440092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI m f>c t m _ MONDAY, THE FIRST DAY OF SEPTEMBER j TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI LA.NOS 2.3 AND 4 DF 7n7i; PRATAPA IN/AND CRIMINAL PETITION NO: 8816 OF 7n9i; Between: 1. Mogal Mahaboob @ Mahabu Basha, S/o Jilani Bheg, Aged about 20 years, R/o.D.No.2-29/A, Rajapeta Village, Chilakalurlpeta Mandal, Palnadu District A.P-522626. 2. Mogal Jilani Beg @ Bheg, S/o Khasim Baig @ Bheg, Aged about 48 Mandal, years, R/o.D.No.2-29/A, Rajapeta Village, Chilakaluripeta Palnadu District AP-522626. ...Petitioners/Accused No. 1 to 6 AND 1. The State of Andhra Pradesh, Through P.S., Chilakaluripeta Rural Palnadu District, Rep, by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 2. Shaik Khadhar Babu, S/o, Hussain Saheb farmer, R/o.D.No.1-44, r Palnadu District A.P-522626 Aged about 55 years, Occ Rajapeta Village, Chilakaluripeta Mandal, -Respondents/ Complainant r 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 44igh Court may be pleased to quash the proceedings In C.C 11 of 2025 ^ B.N.S.S on the file of Add I. Civil Judge (Junior Piyisibn) Chilakaluripeta against the petitioners/Accused No. 1 to 2. lA NO: 2 OF 202fi ■M Between: Shaik Khadhar Babu, S/o, Hussain Saheb, Aged about 55 years, Occ farmer R/o.D.No.1-44, Rajapeta Village, Chilakaluripeta Mandal A. P-522626 Palnadu District ...Petitioners/Proposed 2"'* respondent/Complainant AND 1. Mogal Mahaboob @ Mahabu Basha, S/o Jilani Bheg, Aged years, R/o.D.No.2-29/A, Rajapeta Village, Chilakaluripeta Palnadu District A.P-522626. 2. Mogal Jilani Beg @ Bheg, S/o Khasim Baig @ Bheg, Aged years, R/o.D.No.2-29/A, Rajapeta Village, Chilakaluripeta Palnadu District AP-522626. about 20 Mandal, about 48 Mandal, ...Respondents/Accused No. 1 to 2 3. The State of Andhra Pradesh, Through P.S., Chilakaluripeta Rural, Palnadu District, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondents Petition under Section 359 (6) of BNSS 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 petitioner and respondent/ Accused for compromise and to record the quash the entire proceedings in C.C.No.11 of 2025 U/s 118(2), 115(2), r/w 3 (5) B.N.S.S on the file of Additional Junior Civil Judge (Junior Division) Chilakaluripeta against the petitioners/ Accused No. 1 to 2. lA NO: 3 OF 2Q2fi Petition under Section 359 (2) of BNSS and r/w 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to consequently quash the entire proceedings in C.C.No.11 of 2025 U/s 118(2), 115(2), r/w 3 (5) B.N.S.S on the file of Additional Junior Civil Judge (Junior Division) at Chilakaluripeta against the petitioners/Accused No. 1 to 2. lA NO: 4 OF 2025 compromise and consequently at record the compromise and Between: 1. Mogai Mahaboob @ Mahabu Basha, S/o Jilani Bheg, Aged about 20 years, R/o.D.No.2-29/A, Rajapeta Village, Chilakaluripeta Mandal, Palnadu District A.P-522626. 2. Mogai Jilani Beg @ Bheg, S/o Khasim Baig @ Bheg, Aged about years, R/o.D.No.2-29/A, Rajapeta Village, Chilakaluripeta Palnadu District AP-522626. 48 Mandal, ...Petitioners/Accused No. 1 to 2 AND 1. The State of Andhra Pradesh, Through P.S., Chilakaluripeta Rural Palnadu District, Rep. by Public Prosecutor, Pradesh at Amaravathi. 2. Shaik Khadhar Babu, S/o Hussain Saheb farmer, R/o.D.No. 1-44, Rajapeta Village, Chilakaluripeta Palnadu District A.P-522626 High Court of Andhra Aged about 55 years, Occ Mandal, ...Respondents/Complainant // Petition under Section 528 of BNSS and r/w 359 (6) BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the present petition by permitting the compounding of offences punishable U/s 118(2), 115(2) r/w 3 (5) B.N.S.S as against petitioners/Accused No.1 to 2 and consequently quash the entire proceedings in C.C 11 of 2025 U/s 118(2), 115(2), r/w 3 (5) B.N.S.S on the file of Addl. Junior Civil Judge(Junior Division) at Chilakaluripeta against the petitioners/Accused No. 1 to 2. / lA NO: 5 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 to stay of all further proceedings in C.C 11 of 2025 U/s 118(2), 115(2), r/w 3 (5) B.N.S.S on the file of Addl. Junior Civil Judge(Junior Division) at Chilakaluripeta against the petitioners/ Accused No. 1 to 2. Counsel for the Petitioners: SRI PONNEKANTI MALLiKARJUNA RAO Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents: SRI JESTADI PRUDVI RAJU The Court made the following Common Order: APHC010440092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] 3 MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.2,3 and 4 of 2025 In & and CRIMINAL PETITION No. 8816/2025 Between: 1.MOGAL MAHABOOB ALIAS MAHABU BASHA, S/0 JILANI BHEG, AGED ABOUT 20 YEARS, R/0.D.N0.2-29/A, RAJAPETA VILLAGE, CHILAKALURIPETA MANUAL, PALNADU DISTRICT A.P-522626. 2.MOGAL JILANI BEG ALIAS BHEG, S/O.KHASIM BAIG ALIAS BHEG, AGED ABOUT 48 YEARS, R/0.D.N0.2-29/A, RAJAPETA VILLAGE, CHILAKALURIPETA MANDAL, PALNADU DISTRICT AP- 522626. ...PETITIONER/ACCUSED(S) AND i.THE STATE OF ANDHRA PRADESH, THROUGH P.S CHILAKALURIPETA RURAL, PALNADU DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2.SHAIK KHADHAR BABU, S/0, HUSSAIN SAHEB, AGED ABOUT 55 YEARS, OCC FARMER, R/O.D.NO.1-44, RAJAPETA VILLAGE, CHILAKALURIPETA MANDAL, PALNADU DISTRICT A.P-522626 ...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 In C.C 11 of 2025 U/s 118(2), 115(2), r/w 3 (5) B.N.S.S on the file of Addl. Junior Civil Judge Chilakaluripeta against the petitioners/ Accused No. 1 to 2 and to pass such Counsel for the Petltioner/accused(S): 1.PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2.JESTADI PRUDVI RAJU 2 £QMMQN ORnpp. The instant Criminal ofB.N.S,S, 2023 Petition i ‘ for the following relief: 'S filed by the Petitioners under Section 528 11 ^ the ^5(2), r/w.3(5) B.N S S againstthe Proceedings In CCi\in n . 2- IA.No.2 of 2025 i 's filed under Section Petitioner/^e facto 359(6) read wi BNSS, 2023, '^fth Section 528 by the of (Complainant respondents/A.l seeking permission & A.2 by compromise the to n^etter with the Proceedings In CCNo.n of 2025 Jodge, Chilakaluri quashing the of Additional Junior on the file of the Court Civil PPpet against the Accused. lA Mos.3 & 4 of 2025 are fiied under Sertion compromise i - 359(2} read 'OCC Mo. 11 of 2025 BMSS, 2023 with 528 on the file of offences under requesting to record the Court of Additional Sections Junior Civil ll irl, Chiiakaiuripet, for the of BNSS, 2023 b'-/ ^^B(2), 125(2) , proceedings against the Accused. Who i read with 3(5) and quash the Petitioner herein, against the Accused " Complainant on the date of offence, ond beat him Basing on the filed a A.l and A.2 body and given by the on the file of station complaint alleging that Complainant 'ojuries to him. on the facto bleedings ini Complainant, attacked caused Defacto House ogainst the 'ovestigation. Police numberedasCCMo.il Of 2025 all over his complaint ai 0 case in Crime O^oer, Chilakaluripeta Ho. 104 of 2024 floral, Painadu District was registered accused for the offences filed charge sheet stated against the Accused, supra. After completion of i which is 3 on the file of the Court of Additional Civil Judge (JuniorDivision), Chilakaluripet. Seeking quashnient of the Proceedings against them, Petitioners/Accused filed the present Criminal Petition. 5. During the pendency of this Criminal Petition, on 22.08.2025 parties made a request before this Court that they intend to compromise the matter and accordingly, sent the file to the Secretary, High Court Legal Services Committee, High Court of Andhra Pradesh, Amaravati for taking necessary steps. 6. Mediation proceedings are conducted and the parties and the Advocate as a Mediator appeared before the Mediation Centre and a Mediation Report is filed by the learned Advocate & Mediator appeared on behalf of the Petitioners/Accused. 7. Parties are identified by their respective learned counsels on record. I Copies of the Aadhar cards of the parties attested by their respective counsel are filed for proper identification. 8. Learned Assistant Public Prosecutor is in attendance. 9. Parties filed compromise petitions as stated supra stating that the matter is compromised between them and also filed a Joint Memo, which reveals that the parties are residents of Rajapeta village, Chilakaluripeta Mandal, Palnadu District and at the intervention of elders, the parties decided to settle the issue amicat?ly and respondent No.2 has no interest to proceed further in the matter and agreed to withdraw the case against Petitioners in CC No. 11 of 2025. 4 10. Respondent No.2 submitted before this Court that he has no issues with the Petitioners and there is no coercion and undue influence for settling issue with the Petitioners. the 11. Considering the submissions, in the interests of justice, I.A.Nos.2,3 and 4 of 2025 are allowed. Consequently, this Criminal Petition is allowed and the Proceedings in CC No. 11 of 2025 on the file of the Court of Additionai Junior Civil Judge, Chilakaluripet, against the Petitioners/A. 1 quashed. and A.2 are hereby As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SE FFICER To, 1. The Additional Civil Judge (Junior Division) Chilakaluripeta District. 2. The Station House Officer, Chilakaluripeta Palnadu. 3. One CC to Sri. Ponnekanti Mallikarjuna Rao, Advocate [OPUC] 4. TwoCCs Public Prosecutor High Court of A.P. of Amaravati [OUT] 5. One CC to Sri. Jestadi Prudvi Raju, Advocate [OPUC] 6. Two CD Copies Guntur Rural Police Station, SD sree ->9 HIGH COURT DATED:01/09/2025 \ COMMON ORDER I.A.NOs.2,3 &4 of 2025 In/and CRLP NO. 8816 OF 2025 .T^ V 5( 2 9 SEP 2025 OCl^MtSectio £A1£^ 0 5 /ir,j ALLOWING THE I.A.Nos.2, 3 &4 of 2025 AND ALLOWING THE CRIMINAL PETITION