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2025 DAILYLAW 4946 (AP)

VISWANADHAPALLI GANESH v. THE STATE OF ANDHRA PRADESH

CRLP/686/2023 · 2025-03-28

Harinath N

body2025

Judgment text

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APHC010040492023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 686/2023 Between: Viswanadhapalli Ganesh ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. POTHUBANDI CHAITANYA SRINIVAS Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. BANDA SAI SAMPATH KUMAR The Court made the following: 2 I.A.Nos.1 and 2 of 2025 IN/AND CRIMINAL PETITION NO.686 of 2023 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 quashment of the proceedings against him in P.R.C.No.31 of 2022 on the file of Special Judicial Magistrate of 1st Class, Excise Court at Machilipatnam, for the offences under Sections 376 (2) (n), 506 IPC and Section 3 (2) (v) of SC/STs (POA) Act-1989. 2. The de facto complainant filed I.A.Nos.1 and 2 of 2025, duly enclosing a 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 petitioner and the de facto complainant have arrived at an understanding and the matter has been settled between them. 3. Learned counsel for the petitioner and learned counsel representing for the unofficial respondent No.2 (de facto-complainant) and learned Assistant Public Prosecutor representing respondent No.1/State are present. 4. Today, when the matter is taken up, petitioner herein/Accused and 2nd respondent herein are present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the 3 petitioner and the learned counsel for 2nd respondent have identified the parties in the open Court. 5. This Court has questioned 2nd respondent herein/de facto complainant with regard to compromise, and she categorically stated to that extent that she 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 P.R.C.No.31 of 2022 on the file of Special Judicial Magistrate of 1st Class, Excise Court at Machilipatnam, against the petitioner herein/ Accused is hereby quashed. 7. Accordingly, I.A.Nos.1 and 2 of 2025 and Criminal Petition No.686 of 2023 are allowed. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 28.03.2025 PNS