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2025 DAILYLAW 48618 (AP)

MEESALA MOUNIKA v. THE STATE

CRLP/8150/2024 · 2025-02-09

B V L N Chakravarthi

body2025

Judgment text

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^ T '•4' IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI I.A NOs.1 & 2 of 2025 In/and CRIMINAL PETITION NO: 8150 OF 2024 Between: Meesala Mounika, D/o. Kondaiah Aged about 30 years, R/o.Main Road, Mudivarthi village, Vidavaluru, Nellore, SPSR Nellore District. (Sister of A-1) Meesala Kondaiah, S/o. Vengaiah, Aged about 54 years, R/o.Main Road, Mudivarthi village, Vidavaluru, Nellore, SPSR Nellore District. (Father of A-1) Meesala Kumari, W/o. Kondaiah, Aged about 30 years, R/o.Main Road, Mudivarthi village, Vidavaluru, Nellore, SPSR Nellore District. (Mother of A-1) 1. 2. 3. ...Petitioners/Accused A2 to A4 AND The State, Rep. by Public Prosecutor For the State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravathi. Kongi Shireesha Kumari, D/o. Shekar, Aged about 29 years, R/o.Arundathiwada, Rallamitta village, Kovuru Mandal, SPSR Nellore District. 1. 2. ...Respondents/Complainant Petition under Section 528 of BNSS 2023, 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 Cr.No.206/2024 on the file of Kovur P.S, SPSR Nellore District. I.A. NO: 1 OF 2024 Petition under Section 528 of BNSS 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the certified copy of F.I.R in Cr.No.206/2024 on the file of Kovur P.S, SPSR Nellore District. I.A. NO: 2 OF 2024 Petition under Section 528 of BNSS 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including arrest in Cr.No.206/2024 on the file of Kovur P.S, SPSR Nellore District, pending disposal of the petition. I.A. NO: 1 OF 2025 Between: Kongi Shireesha Kumari, D/o. Shekar, W/o Meesala Manoj Yadav @ Manoj, Aged about 29 years, R/o.Arundathiwada, Rallamitta village, Kovuru Mandal, SPSR Nellore District. ...Petitioner/Respondent/De-facto Complainant AND 1. The State, Rep. by Public Prosecutor For the State of Andhra Pradesh High Court of Andhra Pradesh at Amaravathi. ...Respondent 2. Meesala Mounika, D/o. Kondaiah Aged about 30 years, R/o.Main Road, Mudivarthi village, Vidavaluru, Nellore, SPSR Nellore District. (Sister of A-1) 3. Meesala Kondaiah, S/o. Vengaiah, Aged about 54 years, R/o.Main Road, Mudivarthi village, Vidavaluru, Nellore, SPSR Nellore District. (Father of A-1) 4. Meesala Kumari, W/o. Kondaiah, Aged about 30 years, R/o.Main Road, Mudivarthi village, Vidavaluru, Nellore, SPSR Nellore District. (Mother of A-1) ...Respondents/Petitioners/Accused No.2 to 4 T Petition under Section 359 of BNSS 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit to record the compromise between petitioners/Accused Nos. A2 to 4 in FIR in Crime No.206 of 2024 Kovur Police Station, SPSR Nellore District under Sections 69, 79, 351(2) BNS and Section 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act by allowing the present Criminal Petition on the file of this Hon'ble Court. • Joint compromise memo enclosed vide separate sheet I.A. NO: 2 OF 2025 Between: Kongi Shireesha Kumari, D/o. Shekar, W/o Meesala Manoj Yadav @ Manoj Aged about 29 years, R/o.Arundathiwada, Rallamitta village, Kovuru Mandal SPSR Nellore District. ...Petitioner/Respondent/De-facto Complainant AND 1. The State, Rep. by Public Prosecutor For the State of Andhra Pradesh, High Court of Andhra Pradesh at Amaravathi. ...Respondent 2. Meesala Mounika, D/o. Kondaiah Aged about 30 years, R/o.Main Road, SPSR Nellore District. Nellore Mudivarthi village, Vidavaluru (Sister of A-1) 3. Meesala Kondaiah, S/o. Vengaiah, Aged about 54 years, R/o.Main Road, Mudivarthi village, Vidavaluru, Nellore, SPSR Nellore District. (Father of A-1) 4. Meesala Kumari, W/o. Kondaiah, Aged about 30 years, R/o.Main Road, Nellore, SPSR Nellore District. Mudivarthi village, Vidavaluru (Mother of A-1) ...Respondents/Petitioners/Accused No.2 to 4 Petition under Section 359(2) of BNSS 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant permission to record the compromise by compounding the offence and Quash the proceedings in Crime No.206 of 2024 Kovur Police Station, SPSR Nellore District under Sections 69, 79, 351(2) BNS and Section 3(1)(r)(s) and 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Vijaya Kumar CH. Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri B Sudhakar Kumar Advocate for the Respondent No.2 The Court made the following: ir / APHC010508142024 THE HIGH COURT OF ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHl CRIMINAL PETITION NO: 8150/2024 IN [3368] 0^0 ■-"J.T.T'.: 0 THE Between; ...PETITIONER/ACCUSED(S) Meesala Mounika and Others AND ...RESPONDENT/COMPLAINANT(S) The State and Others Counsel for the Petitioner/accused(S). 1.VUAYA KUMAR CH Counsel for the Respondent/complainant(S); 1.B.SUDHAKAR KUMAR 2.PUBL1C PROSECUTOR The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI lA Nos.1 and 2 OF 2025 in/and Criminal Petition No:8150 OF 2024 COMMON ORDER: This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein/A2 to A4, to quash the proceedings in CrimeNo.206 of 2024 of Kovur Police Station, SPSR Nellore District, registered for the offences punishable under Sections 69, 79, 351(2) of BNS, 2023 and Sections 3(1 )(r), 3(1 )(s), 3(2)(v) of the SC’s and ST’s (POA)Act, 1989. Today, when the matter is taken up, learned counsel for the petitioners herein/A2 to A4, learned counsel for the respondent No.2/de facto complainant, learned Assistant Public Prosecutor representing the State are present before this Court. The complainant and accused produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for respondent No.2 identified their parties in the open Court. The concerned police officer is present before this Court and identified the parties. 2. 3. This Court questioned the respondent No.2/c/e facto complainant with regard to compromise, and she categorically stated to the extent that she has voluntarily entered into compromise with the petitioners herein/Accused and there is no threat, coercion or undue influence in arriving at the compromise. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view between the parties, the chances of conviction are of the compromise remote and bleak. 4. In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh v. State of Punjab & another', on quashing of criminal when the parties entered into settlement and compromise, the allowed and therefore, the proceedings in CrimeNo.206 of 2024 of Kovur Police Station, SPSR Nellore District, is hereby quashed. case Criminal Petition is 5. Accordingly, I.A.Nos.1 and 2 of 2025 and Criminal Petition No.8150 of 2024 are allowed. sequel thereto, the interlocutory applications, if any pending in this Criminal Petition shall stand closed. As a 2012(9) SCALE 257 Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Kovur Police Station, SPSR Nellore District r 2. One CC to Sri Vijaya Kumar CH Advocate [OPUC] 3. One CC to Sri B Sudhakar Kumar Advocate [OPUC] 4. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 5. Three CD Copies SAM * along with joint compromise memo to the addresses ■TONERS^!^ rESPONDENI-N^ -giMT MEMO FiLE.D_BY_iHt:_P 'CRLP No. 8150of 2024 sh the proceedings in Crime District under said Crimina! Petition for seeking to quas. 1 .We submit that the above was filed by the petitioners 2024 Kovur Police Station, SPSR i e or , , . 351(2) BNS and Section 3(1) (s) and 3(2)(v) of the No.206 of Sections 69, 79 Scheduled of Atrocities) Act. Castes & Scheduled Tribes (Prevention submit that at instance of elders and v.ell- wishers, settle the dispute between both the part.ies id crimina! petition. Accordingly, we After Registration of above 2.We further arrived at a conclusion to mediations in the above Sd that during both agreed to settle the issue Crime. The marriage was performed in between t e Respondent No.2 amicable. Accused No.1 and 25-12-2024 at Ammavari Hindu religion and /De-facto Complainant on the Parasakthi Sree Devasthanam Ponnalamma Kalanamandapam Ponagal. Kalalhasthi as per the of mediators and elders . The imarriage was , SPSR caste custom in the presence also registered Nellore District. before the Marriage Registrar . Sub-Registrar. Kovur, The Accused Nc.1 happily leading their marital life after the marriage amicably. In view Complainant are assured that each other to coopera re in settling the case to allow the preseni no objection ie Court seeking for Quasn of the .206 of 2024 Kovur Police of the said compromise, we have filed before this hen b Criminal Petition proceedings in proceedings SPSR Nellore. District un rime No r Sections 69 rheduled Castes in in i 79, 351(2) BNS and Station Section 3(1) (si and 3(2)tv) of the Scheduled Tribes ('Prevention of Atrocities) Act AK 3. 1 .Accused No.4 Accused No.2 2. facto Complainant Resr Accused No.3 in view of the above bompiainant nave no c the petitioners b? giO n:ss, ihe Respondent, No. "RLP seeking for Quash of the \ Sia'iiOii, .bPo.h,' Neliore 2nd ejection 3(1) (s) an i nbes (Prevention of AiTocities) r-pre -'SfcCtoJ cpiection to vpsi ( f 2024 fiieo b\A j 01 •' h-/ 'hk^ Coun proceecings Qistrict under Sections o-rirne No 206 of 2^ 69, 79, 351(2) BNS a of the Scheduled Castes & Scheduled Act. J i- Kevur Poiic? : / sd 3(2)(v) 4.We submit that at the instance of elders and well-wisheirs, we have come lo conclusion to settle tne dispure pending before tl such, we have filed His Hon bie Court. As to r&oorQ the a petition seeking the Hon’ble Co compromise ana the FiR ,n Crime r,o.206 of 2024 Kovur Poiice Siation. SPSR Neliore Districi under Sections 69, 79. 351(2) BNS and Section 3(1) (s) and 3(2)(v) of the Scheduled Castes 8 Scheduled Tribes (.Prevention of Atrocities) Act. The contents and correct to the best of our knov,^=e mentioned in the said dge and belief. The said v^orn promise e true sr ^'"npromise consent and without any undue influence IS entered with our free will and I from any one. Hence, vve are filinq t ^ present joint msmo. Amaravatl, Date;t>01-2025 TV 1 U i- 2. A A 1, Vv • ■■■ ;'vC/ Hr i '^ounsef^r the Petitioners onsrs/Accused 2 to 4 Counsel for .^'spo7ldent N 0. 2 HIGH COURT SAM DATED:10/02/2025 ORDER I.A Nos.1 & 2 in/and CRLP.No.8150 of 2024 I.A Nos.1 & 2 are ALLOWED ALLOWING THE CRLP