f IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N LA. Nos. 2 AND 3 OF 2025 IN/AND CRIMINAL PETITION No: 4400 OF 2025 Between: 1. Pamarthi Venkateshwara Rao, S/o. Somayya, Aged 52 years, Occ. Coolie, R/o. Kavvagunta Village Pedavegi Mandal, Eluru District. 2. Sugasani Gangadhara Rao @ Sugani Gangadhar Rao, S/o. Subba Rao, Aged 54 years, Occ. Agriculture, R/o. Kavvagunta Village, Pedavegi Mandal, Eluru District. ...PETITIONER/ACCUSED AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati,Guntur District. 2. Mutyala Berna, W/o. Pavan Kumar, Aged 33 years, Occ. Coolie, R/o. Chinmalapalli, Jagannadhapuram Village, Pedavegi Mandal, Eluru District. ...RESPONDENTS/ DEFACTO COMPLAINANT Petition under Section 528 of Bharatiya Nagarika Suraksha Sanhita, 2023, is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the entire proceedings against the petitioners in S.C.SPL. No. 112 of 2022 I? 4, on the file of VIII Additional District and Sessions Judge-cum-SC/ST Court at Eluru. I.A. NO: 2 OF 2025 Between: Mutyala Berna, W/o. Pavan Kumar, Aged 33 years, Occ. Coolie, R/o. Chinmalapalli, Jagannadhapuram Village, Pedavegi Mandal, Eluru District. ...PETITIONER AND 1. Pamarthi Venkateshwara Rao, S/o. Somayya, Aged 52 years, Occ. Coolie, R/o. Kavvagunta Village Pedavegi Mandal, Eluru District. 2. Sugasani Gangadhara Rao @ Sugani Gangadhar Rao, S/o. Subba Rao, Aged 54 years, Occ. Agriculture, R/o. Kavvagunta Village, Pedavegi Mandal, Eluru District. ...PETITIONER/ACCUSED 3. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. ...RESPONDENTS Petition under Section 359(6) of BNSS, is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit and compound the offences against the petitioners and consequently acquit them in the interest of justice, by quash the entire proceedings in SC.SPL. 112 of 2022 on the file of VIII Additional District and Sessions Judge-cum-SC/ST at Eluru. I.A. NO: 3 OF 2025 Between: Mutyala Berna, W/o. Pavan Kumar, Aged 33 years, Occ. Coolie, R/o. Chinmalapalli, Jagannadhapuram Village, Pedavegi Mandal, Eluru District. ...PETITIONER AND 1. Pamarthi Venkateshwara Rao, S/o. Somayya, Aged 52 years, Occ. Coolie, R/o. Kavvagunta Village Pedavegi Mandal, Eluru District. 2. Sugasani Gangadhara Rao @ Sugani Gangadhar Rao, S/o. Subba Rao, Aged 54 years, Occ. Agriculture, R/o. Kavvagunta Village, Pedavegi Mandal, Eiuru District. ...PETITIONER/ACCUSED 3. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati, Guntur District. ...RESPONDENTS Petition under Section 359(2) of BNSS, is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise by compounding the offences against the petitioners and consequently acquit them in the interest of justice; by quashing the proceedings in SC.SPL. 112 of 2022 on the file of VIII Additional District and Sessions Judge-cum-SC/ST at Eluru. (Along with Joint Memo Compromise) I.A. NO: 4 OF 2025 Petition under Section 528 of BNSS, is filed praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including appearance of the petitioners in S.C.SPL. No. 112 of 2022 on the file of VIII Additional District and Sessions Judge-cum-SC/ST Court at ) Eluru. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. Tarak Abhilash, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and Sri Eluru Sesha Mahesh Babu, for the Respondent No;2. The Court made the following : 1 CRLP. No.4400 of 2025 APHC010207022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4400/2025 Between: Pamarthi Venkateshwara Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.MTARAKABHILASH Counsel for the Respondent/complainant(S): 1.ELURU SESHA MAHESH BABU 2. PUBLIC PROSECUTOR The Court made the following: ...RESPONDENT/COMPLAINANT(S) 2 CRLP. No.4400 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N I.A. NOS.2 AND 3 OF 2025 IN/AND CRIMINAL PETITION No.4400 OF 2025 COMMON ORDER: 1. The learned counsel for the petitioners and the learned counsel for the 2"'^ respondent/de facto complainant submit that the parties have amicably settled their dispute and have filed I.A. Nos.2 and 3 of 2025, accompanying the affidavit of the 2"*^ respondent/ de facto complainant and the joint memo, seeking the permission of this Court to allow the petitioners and the de facto complainant to compound the offence under Sections 376 read with 511, 354 of the Indian Penal Code, 1860 and Sections 3(1)(r)(s), 3(1)(w)(i) & Sections 3(2)(va) of the SC & ST (POA) Act, 2015 alleged against the petitioners in S.C. Spl. No.112 of 2022 on the file of the VIII Additional District & Sessions Judge-cum-SC & ST Court, Eluru. 2 Upon examination of the charge sheet, it is evident that there was an t attempi to commit a sexual offence. However, no medical examination was conducted, and as per the memo of evidence, neither the statements of the medical practitioner nor a medical report have been submitted. Furthermore, the charge sheet does not indicate that the 2"'‘respondent was subjected to a medical examinatiotrlnjiaht of the \ \ 3 CRLP. No.4400of 2025 absence of medical evidence,Section 375 IPC does not apply to the facts of this case. The petitioners and the 2^^ respondent/de facto complainant are present in the Court. The parties were identified by their respective counsel and identity cards of both the parties were verified. The 2"^^ respondent submits that, pursuant to the intervention of well-wishers, she has withdrawn the allegations against the petitioners. She further confirmed that the compromise was reached voluntarily, without coercion or undue influence. Recording the submissions of the 2""^ respondent, I.A. Nos.2 and 3 of 2025 are allowed and the proceedings in S.C. No.112 of 2022 on the file of the VIII Additional District & Sessions Judge-cum-SC & ST Court, Eluru, against the petitioners for the offences under Sections 376 read with 511, 354 of the Indian Penal Code, 1860 and Sections 3(1)(r)(s), 3(1)(w)(i) & Sections 3(2)(va) of the SC & ST (POA) Act, 2015, are hereby quashed. Accordingly, the criminal petition is allowed. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ' 9^ 3. 4. 5. [ Sd/- V. SAVITHRI GOWRI ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SEC To, 1. The VIII Additional District and Sessions Judge-cum-SC/ST at Eluru West Godavari District 2. One CC to Sri M.Tarak Abhilash, Advocate [OPUC] 3. One CC to Sri Eluru Sesha Mahesh Babu, Advocate [OPUC] of Andhra Pradesh at Court 4. Two CC to Public Prosecutor, High Amaravathi. [OUT] 5. Three CD Copies (Along with Joint Memo of Compromise in No.4400 of 2025, vide Separate Sheet) in lA No.3 of 2025 in CRLP MV PRK i HIGH COURT DATED: 01/05/2025 ORDER LA. Nos. 2 AND 3 OF 2025 IN/AND CRIMINAL PETITION NO: 4400 OF 2025 ALLOWING THE I.A. Nos. 2 AND 3 IN/AND CRIMINAL PETITION NO: 4400 OF 2025 HIGH COURT FOR THE STATE OF ANDHRA PRADESH AT AMARVATHI I.A, No. OF 2025 IN Crl. p No. OF 2025 Between: 1. Pamarthi Venkateshwara Rao, S/o. Somayya, Aged 52 years', Occ: Coolie, R/o. Kawagunta Village, Pedavegi Mandal, Eluru District. 2. Sugasani Gangadhara Rao @ Sugani Gangadhar Rao S/o. Subba Rao, Ag^ 54 years, Occ: Agriculture, R/o. Kawagunta Village, Pedavegi Mandal, Eluru District. ... Petitioners/ Accused And 1. State of Andhra Pradesh, Rep. by its Public Prosecutor, Fligh Court for the State of Andhra Pradesh, Hyderabad. 2. Mutyala Berna W/o. Pavan Kumar, Aged 33 years, Occ: House Wife, R/o. Chinmalapalli, Jagannadhapuram Village, Pedavegi Mandal, Eluru District. ... Respondents/ Defacto Complainant JOINT MEMO FILED BY BOTH PARTIES We, both the parties compromised the matter amicably as per advice of the elders and we decided to file Joint Compromise petition before this Hontiie the 2^^ Respondent/defacto Complainant has proceedings against the Petitioner/ Accused in SC.SPL. 112 of 2022 on the file of VIII Addl. District and Sessions Judge-SC/ST at Eluru. We both with our free will and consent and there is no any coercion or force against us. Hence this memo is filed. Court and no objection to quash the entire parties signed in this memo 8?f?' .,5^ 5 Petitioner No.l 2™^ resp3ndent S’ Petitioner No. 2 Counsel for Petitioner Counsel for 2'^^ respondent -'i-.