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2025 DAILYLAW 55142 (AP)

Tagirasa Seshagiri alias Seshagiri Rao v. The State of Andhra Pradesh

CRLP/12302/2025 · 2025-11-27

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010625432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY EIGHTH 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. 12302/2025 Between: 1. TAGIRASA SESHAGIRI ALIAS SESHAGIRI RAO, S/O HANUMANTHARAO, AGED ABOUT 55 YRS, MADDIRALA VILLAGE, MUPPALA PANCHAYAT, N.G.PADU MANDAL, GUNTUR DISTRICT. 2. KARNATI KOTESWARA RAO, S/O KRISHNA MURTHY, AGED ABOUT 40 YRS, NEKUNAMBAD VILLAGE, CHIMAKURTHY MANDAL. 3. KARNATI BRAHMAIAH, S/O KRISHNA MURTHY, AGED ABOUT 36 YRS, NEKUNAMBAD VILLAGE, CHIMAKURTHY MANDAL. 4. PUTCHAKAYALA LAXMI NARAYANA,, S/O APPAIAH, AGED ABOUT 40 YRS, MADDIRALA VILLAGE, MUPPALA PANCHAYAT, N.G.PADU MANDAL. 5. TAGIRASA DHANALAXMI, W/O SESHAGIRI, AGED ABOUT 42 YRS, MADDIRAL VILLAGE, MUPPALA PANCHAYAT, N.G.PADU MANDAL. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP ITS BY PUBLIC PROSECUTOR HIGH COURT OF ANDHRAPRADESH 2. KARANAM SREEDHAR BABU, S/O KANTHAIAH, AGED ABOUT 54 YRS., MADDIRALA VILLAGE, N.G. PADU MANDAL. 2 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. GANTA EDIGA RAKESH GOUD Counsel for the Respondent/complainant(S): 1. BHASKAR PREM KOUSHIK 2. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos. 2 and 3 of 2025 In/and CRIMINAL PETITION No. 12302/2025 COMMON ORDER: The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners/Accused Nos.1 to 5, seeking quashment of proceedings pending against them in S.C.No.39 of 2024 on the file of Assistant Session Judge- cum-Senior Civil Judge Court, Chirala, arising out of Cr.No.72 of 2020 for the offences punishable under Sections 323, 326 & 307 r/w 34 of IPC. 2. I.A.No.2 of 2025 has been filed by the Respondent No.2 to accord permission to compound the matter in S.C.No.39 of 2024 on the file of Assistant Session Judge-cum-Senior Civil Judge Court, Chirala, arising out of Cr.No.72 of 2020 for the offences punishable under Sections 323, 326 & 307 r/w 34 of IPC. 3. I.A.No.3 of 2025 has been filed to record compromise and quash the proceedings pending against the Petitioners in S.C.No.39 of 2024 on the file of Assistant Session Judge-cum-Senior Civil Judge Court, Chirala, arising out of Cr.No.72 of 2020 for the offences punishable under Sections 323, 326 & 307 r/w 34 of IPC. 4. Heard Sri Ganta Ediga Rakesh Goud, learned Counsel for the Petitioners, Sri Bhaskar Prem Koushik, learned Counsel for the Respondent 4 No.2 and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State. 5. Accused Nos. 1 to 5/Petitioners and Respondent No.2 appeared before this Court and were identified by the learned Counsel for the Petitioners and the learned Counsel for the Respondent No.2. 6. The Respondent No.2 appeared before this Court and would submit that the Accused/Petitioners are his relatives, due to intervention of the elders, they intend to enter compromise in this case to maintain peace and harmony in the family relations. 7. Accused Nos. 1 to 5 would submit that they are ready to pay the costs of Rs.20,000/- (Rupees Twenty Thousand Only) each. 8. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 9. Considering the submissions made by the Respondent No.2, and in the light of the judgment of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another1, since there is an amicable settlement between the parties, the I.A.Nos.2 and 3 of 2025 are allowed. Consequently, this Criminal Petition is allowed, quashing the proceedings pending against the Petitioners/Accused Nos. 1 to 5, in S.C.No.39 of 2024 on the file of Assistant Session Judge-cum-Senior Civil Judge Court, Chirala, arising out of Cr.No.72 of 2020 for the offences punishable under Sections 323, 326 & 307 r/w 34 of IPC, subject to payment of costs of Rs.20,000/- (Rupees Twenty Thousand 1 2012(10)SCC 303 5 Only) each by the Accused Nos.1 to 5 before District Legal Services Authority, Prakasam District by 29.11.2025. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 28.11.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos. 2 and 3 of 2025 In/and CRIMINAL PETITION No. 12302/2025 Dated.28.11.2025 UPS 09