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2025 DAILYLAW 55106 (AP)

BANAVATH HARIKRISHNA NAYAK v. The State of Andhra Pradesh

CRLP/11930/2025 · 2025-11-16

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010619492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.2 and 3 of 2025 In/and CRIMINAL PETITION NO: 11930/2025 Between: 1. BANAVATH HARIKRISHNA NAYAK, S/O.B.MEMDHAA, AGED ABOUT 48 YEARS, R/O.DOOR. NO.5-6-59/86/10, THAMMNA KRISHNA VEEDHI, LAMBADIPETA, VIJAYAWADA-520001. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, THROUGH S.H.O, VIJAYAWADA II TOWN POLICE STATION, KRISHNA DISTRICT, HIGH COURT OF A.P., AMARAVATHI 2. KALAKOTI RAVI, S/O. SUBBARAO, AGED ABOUT 31 YEARS, R/O. D.NO. 34-44, CHAITANYANAGAR, KONDAPALLE, ANDHRA PRADESH-521228. . 3. SHAIK MAHAMMAD NAGULMEERA, S/O. SAIDHA, AGED ABOUT 25 YEARS, R/O.4-12/1, JUPUDI, KRISHNA DISTRICT, ANDHRA PRADESH - 521456. 4. DEVATH ASHOK NAIK, , S/O. GOPAL SWAMY, AGED ABOUT 41 YEARS, R/O. AMBATI SAMUDRALA STREET, LAMBADIPETA, CHITTINAGAR, VIJAYAWADA ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to Quash the proceedings against the Petitioner/Accused in C.C.No.6058/20 23 on the file of Chief Metropolitan Magistrate, Vijayawada and to pass Counsel for the Petitioner/accused: 1. POLANKI ANAND SURYA Counsel for the Respondent/complainant(S): 1. PEDAPUDI REETESH 2. PUBLIC PROSECUTOR 2 The Court made the following: COMMON ORDER: The instant Criminal Petition is filed by the Petitioner under Section 482 of the Code of Criminal Procedure, 1973 (For short „Cr.P.C.‟) for the following relief: “ ... to Quash the proceedings against the Petitioner/Accused in C.C.No.6058/2023 on the file of Chief Metropolitan Magistrate, Vijayawada and to pass ...” I.A.No.2 of 2025 is filed by the Respondent No.1/ de facto complainant under 359 (2) read with 528 of BNSS seeking permission to compound the offence under Section 332 IPC in CC No.6058 2023 on the file of the Court of Chief Metropolitan Magistrate, Vijayawada against the Petitioner. I.A.No.3 of 2025 is filed under 528 read with 359(6) of BNSS seeking to record the compromise with regard to the above case. On the date of incident, the de facto complainant along with his staff, who are working in electricity department went to the scene of offence and informed to the Accused that the electricity bill was not paid by him and due to that, as per their instructions, the electricity supply is going to be stopped. On that the Accused abused them and hurled on the department personnel, while they are performing their official duty. On that de facto complainant gave a complaint to the police, which is registered as a case in Crime No.804 of 2023 of II Town Police Station, Vijayawada, NTR District for the offence punishable under Section 332 IPC. After completion of investigation, a charge sheet has 3 been filed before the Court of Chief Metropolitan Magistrate, Vijayawada which is numbered as CC No.6058 of 2023. During pendency of the matter, at the intervention of elders, both parties came to an understanding to settle the issue amicably. Respondents agreed to withdraw the case against Petitioner in CC No. 6058 of 2023 and filed a joint memo to that effect narrating the reasons for compromise. Respondents submitted that they have no dispute with the Petitioner and they want to settle the matter and they have no objection to record compromise in this matter. Petitioner/Accused in individual capacity and Respondents appeared before this Court and were identified by their respective learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. Learned Assistant Public Prosecutor appearing for respondent State is in attendance. Considering the submissions, in the interests of justice, I.A.Nos.2 and 3 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the Proceedings against the Petitioner/Accused in CC No.6058 of 2023 on the file of the Court of Chief Metropolitan Magistrate, Vijayawada, are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 11930 of 2025 17.11.2025 Mjl /*