% IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N l■A■NOS■2 AND 3 OF 2025 IN CRIMINAL PETITION NO: 3991 OF 2025 Between: 1. Borra Syam Praveen, S/o. Syam Babu, aged 41 years, Occ Software Engineer, R/o.D.No.23-20-32/11, Lalitha Nagar, Sri Ram Nagar, Krishna Temple Street, Rajamahendravaram, E.G. District-533 105 2. Borra Syam Babu,, Aged 72 yrs, Occ Retd.service R/o. D.No. 23-20- Lalitha Nagar, Sriramnagar, Krishna Temple Street, Rajamahendravaram East Godavari District. 3. Borra Sumathi Ratnam,, W/o. Syam Babu, Aged 66 yrs, R/o. D.No. 23- Lalitha Nagar, Sriramnagar, Krishna Temple Street, Rajamahendravaram, East Godavari District. 32/11 20-32/11 4. Borra Kranthi Sagar, , S/o. Syam Babu, Age 38 yrs, R/o. D.No. 23- 20- 32/11 Lalitha Nagar, Sriramnagar, Krishna Temple Street, RajamahendravaramEast Godavari District. ...PETITIONERS/ A1-to A4 AND 1. The State Of Andhra Pradesh, Rep. by Public Prosecutor, High Court, Amaravati. 2. Devu Madhurima,, W/o. Borra Syam Praveen, aged 41 years, R/o.D.No.49- 53-19/11, Sakti Apartment, Balayya Sastry Layout, Visakhapatnam-530 013 ...RESPONDENT/DEFACTO COMPLAINANTS 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 quash the proceedings in C.C.No w 4626/2022 on the file of the Hon’ble 1st Additional Chief Metropolitan Magistrate Court at Visakhapatnam against petitioners/accused 1 to 4. I.A. NO: 2 OF 2025 Between: Devu Madhurima,, W/o. Borra Syam Praveen, aged 41 years, R/o.D.No.49- 53-19/11, Sakti Apartment, Balayya Sastry Layout, Visakhapatnam-530 013 ...PETITIONER/2'^° RESPODENT AND 1. The State Of Andhra Pradesh, Rep. by Public Prosecutor, High Court, Amaravati 2. Borra Syam Praveen, S/o. Syam Babu, aged 41 years, Occ Software Engineer, R/o.D.No.23-20-32/11 Lalitha Nagar, Sri Ram Nagar Krishna Temple Street, Rajamahendravaram, E.G. District-533 105 3. Borra Syam Babu,, Aged 72 yrs, Occ Retd.service R/o. D.No. 23-20- 32/11, Lalitha Nagar, Sriramnagar, Krishna Temple Street Rajamahendravaram East Godavari District. 4. Borra Sumathi Ratnam,, W/o. Syam Babu, Aged 66 yrs, R/o. D.No. 23- Lalitha Nagar, Sriramnagar, Krishna Temple Street, Rajamahendravaram, East Godavari District. 20-32/11 5. Borra Kranthi Sagar, , S/o. Syam Babu, Age 38 yrs, R/o. D.No. 23- 20- 32/11, Lalitha Nagar, Sriramnagar, Krishna Temple Street, Rajamahendravaram East Godavari District. ...RESPODENTS/PETITIONERS Petition under Section 359 (6) R/W 518 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 petitioner/2nd respondent herein to record the compromise in C.C.No 4626 of 2022 on the file of the Hon’ble 1st Additional Chief Metropolitan Magistrate Court, Vishakhapatnam. I.A. NO: 3 OF 2025 Petition under Section 359 (2) 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 record the compromise and quash the proceedings in C.C.No 4626 of 2022 on the file of the Hon'ble 1st Additional Chief Metropolitan Magistrate Court, Vishakhapatnam. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M Phani Kumar, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and of M/s T Lakshmi Padmaja Advocate for the Respondent No.2 The Court made the following Common Order APHC010163542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3991/2025 Between: ...PETITIONER/ACCUSED(S) Borra Syam Praveen and Others AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused{S): 1.M PHANI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2.T LAKSHMI PADMAJA The Court made the following: 2 ,a*f= THE HONOURABLE SRI JUSTICE HARINATH.N I.A.Nos.2 and 3 of 2025 IN/AND CRIMINAL PETITION No.3991 of 2025 COMMON ORDER: 1. The learned counsel for the petitioners and the learned counsel for the 2^ respondent/defacto complainant submit that the parties have amicably settled their dispute and have filed IA.Nos.2 and 3 of 2025, accompanying the affidavit of the 2"^ respondent/defacto complainant and the joint memo, seeking the permission of this Court to allow the petitioners/A1 to A4 and the defacto complainant to the case in CC.No.4626 of 2022 on the file of I Additional Chief Metropolitan Magistrate Court at Visakhapatnam. 2. The petitioners and the 2""' respondent/defacto complainant are present in the Court. The parties were identified by their respective counsels. The identity cards of both the parties were verified. 3. The 2^^^ respondent submits that, pursuant to the intervention of well- wishers, she has been withdrawn the allegations made against the petitioners. She further confirmed that the compromise was reached voluntarily, without coercion or undue influence. 4. Recording the submissions of the 2^^ respondent, lA Nos.2 and 3 of 2025 are allowed and the proceedings CC.No.4626 of 2022 on the file of I Additional Chief Metropolitan Magistrate Court at Visakhapatnam is hereby quashed. 3 5. Accordingly, the criminal petition is allowed. 6. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. Sd/-GHELANAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The 1st Additional Chief Metropolitan Magistrate Court, Vishakhapatnam. The Station House Officer Woman Police Station, Visakhapatnam District. 2. 3. One CC to Sri. M Phani Kumar Advocate [OPUC] 4. One CC to M/s. T Lakshmi Padmaja Advocate [OPUC] Two CCs to The Public Prosecutor High Court of Andhra Pradesh Amaravati [OUT] 5. 6. Three CD Copies (Joint Memo Compromise Petition enclosed) SD gsc •X '■ • ( HIGH COURT DATED:29/04/2024 f COMMON ORDER I.A.NOS. 2 & 3 OF 2025 IN CRLP.No.3991 of 2025 ALLOWING THE CRIMINAL PETITION HIGH COURT FOR THE STATE OF ANDHRA PRADESH AT AMARAVATI . r-#' CrI.P.No: of 2025 Between: 1. Borra Syam Praveen, S/o. Syam Babu, aged 41 years, Occ:Software Engineer, R/o.D.No.23-20-32/11, Lalitha Nagar, Sri Ram Nagar, Krishna Temple Street, Rajamahendravaram, E.G. District-533 105 2. Borra Syam Babu, Aged 72 yrs, Occ: Retd.service R/o. D.No. 23-20-32/11, Lalitha Nagar, Sriramnagar, Krishna Temple Street, Rajamahendravaram East Godavari District. 3. Borra Sumathi Ratnam, W/o. Syam Babu, Aged 66 years, R/o. D.No. 23-20-32/11, Lalitha Nagar, Sriramnagar, Krishna Temple Street, Rajamahendravaram, East Godavari District. 4. Borra Kranthi Sagar, S/o. Syam Babu, Age 38 years, R/o. D.No. 23- 20-32/11, Lalitha Nagar, Sriramnagar, Krishna Temple Street, Rajamahendravaram East Godavari District. ...Petitioners/Al to A4 AND 1. The State of Andhra Pradesh Rep. by Public Prosecutor, High Court, Amaravati. 2. Devu Madhurima, W/o. Borra Syam Praveen, aged 41 years, R/o.D.No.49- 53-19/11, Sakti Apartment, Balayya Sastry Layout, Visal<hapatnam-530 013 ...Respondents/ De-facto Complainant JOINT COMPROMISE MEMO Petitioners are arrayed as accused 1 to 4 in C.C.No 4626/2022 on the file of the Hon’ble Additional Chief Metropolitan Magistrate Court at Visakhapatnam. The case was registered against the petitioners for the offences punishable Under Sec.498-A and 109 IPC. On a complaint filed by yl’ y il 2'^^ respondent herein in Crime No 3/2020 of Disha PS, Visakhapatnam was filed against petitioners and While things stood thus, the matter is are non-compoundable offences In quash by recording the compromise deed. a case was registered and later charge sheet numbered as C.C.No 4626 of 2022. settled out of court and the offences nature therefore the petitioner's Indulgence of this Hon'ble Court to the proceedings in C.C.No 4626 of 2022 1. That in pursuance of the Memorandum of Understanding-cum-Deed of Compromise between the dissolve their parties herein, they have decided to marriage by seeking a decree of divorce by mutual consent from the concerned Family Court in terms of compromise, by Withdrawing all the allegations in the divorce OP and other cases between the parties. 2. That upon the settlement arrived, the first petitioner has pay an amount of Rs.1,00,00,000/- (Rupees One Crore only) to the 2'^^' respondent towards full agreed to and final settlement of all claims and permanent alimony; 3. The petitioner has paid an amount of Rs.25,00,000/- (Rupees way of cash to the 2’^^ respondent on 02- the same was acknowledged and Twenty Five Lakhs only) by 01-2025 in presence of elders and issued receipt to that effect, out of which the 2'"^^ respondent has deposited an amount of Rs. 10,00,000/- (Rupees ten lakhs only) each in the names of the minor children viz., Borra Sasha and Borra on 03-01-2025 In Dhanlaxmi Bank, Visakhapatnam Deposit for a period of ten Sanya towards Term years, the maturity date 03-01-2035 with vide Term Deposit Receipt Nos Account Nos 017343600008891/1 017343600008992/1. The 2"- respondent retained the amount of Rs.5,00,000/- with her. a maturity value of Rs.19,24,399/- 522634 and 522635 and and remaining 4. The petitioner has obtained Demand Draft No 853319 2024 for Rs.25,00,000/- (Rupees Twenty Five Lakhs only) in the name of first petitioner drawn on State Bank of India) Rajahmundry and he agreed to handover the said D.D to the first petitioner at the time of withdrawing C.C.No 4626 of 2022 on the file of the Hon'ble Additional Chief Metropolitan Magistrate Court or before the Honourable High Court of Andhra Pradesh at Amaravati; that out of the said amount of Rs.25,00,000/- the first petitioner shall deposit an amount of Rs.10,00,000/- each in the names of the minor children by way of Term Deposit after encashing the DD and file receipts before the Honourable Court; she can retain the remaining amount of Rs.5,00,000/- with her; Dt.30-12- 5. The l^*^ petitioner agreed to pay the remaining balance amount of Rs.50,00,000/- (Rupees fifty iakhs only) to the 2^^ respondent at the time of recording the evidence affidavits of both parties before this Honourable Court; that out of the said amount, the 2^^ respondent shall deposit an amount of Rs.2G,00,000/-each in the names of the minor children and shall file receipts before the Honourable Court; the 2'^^ respondent agreed to keep the remaining balance amount of Rs. 10,00,000/- with her; 6. 10,00,000/- with her; 6. The Petitioner has agreed that their daughters Borra Sasha Borra Sanya remained permanent custody with 2"^ respondent and 2^^ respondent agreed to visiting rights to the 1 and Petitioner to interact with their daughters on every 4^^ Saturday for Four hours and petitioner can visit the children at the place wherever the children reside ensuing minimal disruption to the children routine and prioritizing their overall well-being. If the 1^^ Petitioner missed the scheduled visiting time due to unavoidable circumstances, he will be allowed to communicate with the children over phone; . '■rv' ,v/k V 4 A ■fl -■4- 7. The visiting rights permit only to Petitioner and grandparents and his brother and his family members only; 8. The children will be resided with the respondent and the children will relocate with her if she moves for career purpose. 9. The both petitioner and 2"^^ respondent shall not interfere in their future personal or professional and matrimonial life in anyway whatsoever and both declared that except the above mentioned cases there are no other cases pending; That, the both has agreed and assured that they will not file any complaints/Police cases or any other criminal cases/Civil Cases against each other or their family members in future; 10. The both parties declare that nothing in their hands for exchange in future as already exchanged their personal belongings; 11. The 2^^ respondent assured that she will not file any property , Maintenance Case, or any other civil and criminal cases claiming any movable or immovable properties of the 1^*^ Petitioner or any other relatives in future for herself; 12. cases In view of the above said circumstances, both the petitioners and the 2"'^ respondent were left with no other option except to approach this Hon'ble Court by filing the present petition seeking to quash the proceedings. The petitioners and 2^^ respondent submits that there was no collusion between the parties. Hence the compromise memo Petitioner/Accused 2'^'^ Respondent/complainant l.(Borra Syam Praveen) (Devu Madhurima) -S; - to ■e 2.(Borra Syam Babu) K p. 5‘ 3.(Borra Sumathi Ratnam) 4.{Borra Kranthi Sagar) Counsef for Petitioners Counsel for R2 Place: Amaravathi Date. ^0-0^-2025