Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 46093 (AP)

VASUPALLI APPALA RAJU v. THE STATE OF ANDHRA PRADESH

CRLP/5137/2023 · 2025-09-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010352282023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 and 2 of 2025 IN/AND CRIMINAL PETITION NO: 5137/2023 Between: 1. VASUPALLI APPALA RAJU, S/O APPALA SWAMY, AGED ABOUT 38 YEARS, K/O CHINNATHEERNALA VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. 2. GARIKINA MASENU, S/O RAJANNA, AGED ABOUT 47 YEARS, R/O CHINNATHEERNALA VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. 3. GOSALA APPALANARSA, W/O TATARAO, AGED 43 YEARS, R/O PEDATHEERNALA VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. 4. MYLAPALLI SATYAVATI, W/O SRINIVASU, AGED ABOUT 47 YEARS, R/O PEDATHEERNALA VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. 5. YERRIPALLI NOOKARATNAM @ NOOKATALLI, AGED ABOUT 50 YEARS, R/O PEDATHEERNALA VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. 6. GOSALA RAJESWARI,, W/O SRIKANTH, AGED ABOUT 32 YEARS, R/O BANGARAMMAPET VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. 7. VASUPALLI MARINAMMA,, W/O-APPALASWAMY, AGED ABOUT 68 YEARS, R/O CHINNATHEERNALA VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. 8. PUKKULLA DEMUDU,, S/O SOMORU, AGED ABOUT 50 YEARS, R/O CHINNATHEERNALA VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF JUDICATURE AT AMARAVATI, THE STATE OF ANDHRA PRADESH. 2 2. VASUPALLI SRINIVASA RAO, S/O LATE APPANNA, AGED ABOUT 40 YEARS, R/O CHINA THEERNALA VILLAGE, NAKKAPALLI MANDAL, VISAKHAPATNAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. V V N NARAYANA RAO Counsel for the Respondent/complainant(S): 1. PALLA BALU ANIL KUMAR 2. PUBLIC PROSECUTOR (AP) The Court made the following: COMMON ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 8BNSS9) has been filed by the Petitioners / Accused Nos.1 to 8, seeking to quash the proceedings against them in P.R.C.No.42 of 2022 on the file of the Court of Additional Judicial Magistrate of First Class, Yellamanchili for the offence under Sections 307 read with 34 of Indian Penal Code (for short 8IPC9). 2. I.A.Nos.1 and 2 of 2025 are filed by Respondent No.2 seeking permission to compound the offences and to record the compromise between him and the Petitioners / Accused Nos.1 to 8. 3. Petitioners / Accused Nos.1 to 8 and Respondent No.2 appeared before this Court and were identified by their respective learned counsel. 4. Both parties would submit that they came to an amicable settlement for withdrawal of the case in P.R.C.No.42 of 2022 on the file of the Court of Additional Judicial Magistrate of First Class, Yellamanchili pending between them and a Joint Memo is also filed to that effect. 3 Respondent No.2 submits that, at the intervention of elders and well- wishers on both sides, the matter has been settled between the parties amicably out of the Court and they are not interested to prosecute the matter and hence, the case may be closed. 5. Considering the submissions, in the light of the judgment of the Hon9ble Apex Court in Gian Singh vs. State of Punjab and another1, in view of the compromise entered into between the parties, since there is an amicable settlement between them, I.A.Nos.1 and 2 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case against the Petitioners / Accused Nos.1 to 8 in P.R.C.No.42 of 2022 on the file of the Court of Additional Judicial Magistrate of First Class, Yellamanchili for the offence under Section 307 read with 34 IPC, is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:25.09.2025 Dinesh 1 2012(10)SCC 303 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 and 2 of 2025 IN/AND CRIMINAL PETITION No. 5137/2023 Dt.25.09.2025 Dinesh