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2025 DAILYLAW 45156 (AP)

BOMMALA JESSE KUMAR v. BOLLEDDU SUBBA RAO

CRLP/4572/2025 · 2025-04-27

Harinath N

body2025

Judgment text

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h * IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A No.3 of 2025 in/and CRIMINAL PETITION NO: 4572 OF 2025 CRIMINAL PETITION NO: 4572 OF 2025 Between: Bommala Jesse Kumar, S/o Samuyuel, aged 40 years, occupation; coolie Doddavarappadu village, Maddipadu Mandal, Prakasam District. ...Petitioner/Accused AND 1. Bolleddu Subba Rao, S/o Purushotham, Thellabadu Village, DoddavaramPanchayat, Maddipadu Mandal, Prakasam District. ...Respondent/Defacto Complainant 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P. Amaravathi through the Station House officer, Maddipadu police station, Prakasam District, Andhra Pradesh. ...Respondents Petition under Section 482 of Cr.P.C 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 Crime. No. 49 of 2025 dated 17.02.2025 on the file of on the Maddipadu Police Station, Prakasam District for the offence U/s 125(a)105 BNS 2023 against the Petitioner/Accused. I.A. NO: 2 OF 2Q2fi Petition under Section 359(6) of BNSS 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 permit the petitioner/respondent No. 1/de-facto complainant to compound the offences with the respondent/petitioner/ Accused herein by allowing the Criminal Petition filed by the petitioner against Crime.No.49/2025 on the file of the Maddipadu Police Station, Prakasam District, dated 17.02.2025. I.A. NO: 3 OF 202fi Between: Bolleddu Subba Rao, S/o Purushotham, Thellabadu Village, Doddavaram Panchayat, Maddipadu Mandal, Prakasam District. ...Petitioner/Respondent-01/ De-factocomplainant AND 1. Bommala Jesse Kumar, S/o Samuyuel, aged 40 years, occupation: coolie Doddavarappadu village, Maddipadu Mandal, Prakasam District. ... Respondent/Petitioner/Accused 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P. Amaravathi through the Station House officer, Maddipadu police station, Prakasam District, Andhra Pradesh. ...Respondent/Respondent No.2 Petition under Section 359(2) of B.N.S.S R/w 528 of B. N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner/de-facto complainant to petitioners/accused and the proceedings against the petitioners/accused may be quashed in Crime No. 49of2025 dated 17.02.2025 compromise the case with the on the file of the Maddipadu Police Station, Prakasam District. r I.A. NO: 4 OF 2025 Petition under Section 528 of B.N.S.S (482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in Crime. No. 49 of 2025 dated 17.02.2025 on the file of on the Maddipadu Police Station, Prakasam District for the offence U/s125(a),105 BNS 2023 against the petitioner/accused including the appearance till the disposal of the Main Quash Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sanke Santhosh, Advocate for the Petitioner/Accused and the Public Prosecutor on behalf of the Respondent No.2 and of Smt. Rajani Nelakuditi, Advocate for the Respondent No.1 The Court made the following: If APHC010205932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAyAT\ (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE [3457] r-* PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4572/2025 Between; Bommala Jesse Kumar ...PETITIONER/ACCUSED AND Bolleddu Subba Rao and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1.SANKE SANTHOSH Counsel for the Respondent/complainant{S); 1.RAJANI NELAKUDITI 2.PUBLIC PROSECUTOR The Court made the following; 2 HN, J Crl.P.No.4572 2025 I.A.Nos.S of 2025 IN/AND CRIMINAL PETITION N0.4572 of 2025 COMMON ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS) has been filed by the petitioner/Accused, seeking to call for record in connection with the case in Crime No.49 of 2025 on the file of Maddipadu Police Station, Prakasam District, for the offences under Section 125(a) of the BNS. The de facto complainant filed I.A.No.3 of 2025, duly enclosing a 2. Joint Memo entered between the petitioner as well as de facto complainant. It is stated that at the intervention of elders on both sides, the petitioners and the de facto complainant have arrived at an understanding and the matter has been settled between them. Learned counsel for the petitioner and learned counsel representing for the unofficial respondent No.1 {de facfo-complainant) and learned Assistant Public Prosecutor representing respondent 3. \ No.2/State are present. Today, when the matter is taken up, petitioner herein/Accused and 1®* respondent herein are present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel 4. 3 HN, J Crl.P.No.4572 2025 for the petitioner and the learned counsel for respondent have identified the parties in the open Court. 5. This Court has questioned respondent herein/de facto complainant with regard to compromise, and he categorically stated to that extent that he has voluntarily entered into compromise with the petitioner herein/Accused. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. 6. Since the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the proceedings in Crime No.49 of 2025 on the file of Maddipadu Police Station, Prakasam District against the petitioner herein/ Accused is hereby quashed. Accordingly, I.A.No.3 of 2025 and Criminal Petition No.4572 of 7. 2025 are allowed. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR f //TRUE COPY// SECTION OFFICER To, 1. The Station House officer, Maddipadu Police Station, Prakasam District 2. One CC to Sri Sanke Santhosh, Advocate [OPUC] 3. One CC to Smt. Rajani Nelakuditi, Advocate [OPUC] 4. Two CC’s to the Public Prosecutor, High Court of Andhra Pradesh[OUT] 5. Three CD Copies (Along with joint compromise memo filed in I.A No. 3 of 2025 stu ssb HIGH COURT DATED:28/04/2025 ORDER I.A No.3 of 2025 in/and CRLP.No.4572 of 2025 s t 2 MAY 2025 V o m & ALLOWING THE I.A NO.3 OF 2025 & ALLOWING THE CRIMINAL PETITION IN THE HIGH COURT OF AND Crl.P.No. A PRADESH AT AMARAVATI of 2025 Between; f/° Thellabadu Village, Doddavaram Panchayta, Maddipadu Mandal, Prakasam District. .... Petitioner/Respondent-01/De-factocomplainant AND Bommala Jesse Kumar, s/o Samuyuel, Doddavarapadu village, Maddipadu Mandal, Prakasam 1. aged 40 years, coolie. District. ... Respondent/Petitioner/Accused 2. The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court of A.P. Amaravathi through the Station House officer, Maddipadu police station, Prakasam District, Andhr.a Pradesh. .... Respondent/Respondent-02 JOINT MEMO It is submitted that the petitioner/respondent No.1 herein filed the present joint Memo to compound the offences Petitioner/Accused as the matter is settled out of court am I cably I View of the fact that the petitioner. as against the in For the reasons stated above, it is prayed that this Hon’ble Court may be pleased to permit the petitioner/respondent compound the offence with the Respondent/Accused/ Petitioner herein allowing the Criminal Petition filed No.1 herein to by by the Petitioner/Accused and proceedings against them may be quashed in FIR.No. 49 of 2025, dated 17.02.2025 on the file of Maddipadu Police station, Prakasam District and pass such other order or ordersas this Hon’ble Court may deem fit andproper in the circumstancesofthecase. Amaravati Dated:.04.2025 Counsel for the Petiti^er/Accused Counselfor^ePetition'er/F^es^ar^entNo.1 Pe-faeto-Complainant Petition er/ZVcGused 4/