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High Court of Andhra Pradesh · body

2025 DAILYLAW 57298 (AP)

V Krishnamurthy v. The State of Andhra Pradesh

CRLP/10025/2025 · 2025-10-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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a APHC010509522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos. 2 & 3 OF 2025 IN/AND CRIMINAL PETITION NO: 10025 OF 2025 Between: 1. V.Krishnamurthy, S/o. M.Venkatadri, Aged about 39 years, Occupation: Cultivation D.No.7-92. Anchanayakuppam Village, H/o. Sivaramapuram, Santhipuram Mandal, Cell; 9542341339, Chittoor District. Aadhar No. 3618 6357 7912 2. D.Dasu, S/o. Dhanasekhar, Aged about 55 years, Occ: Painter, D.No.2- 36. Sree Rangampalle Village. H/o. Papisettipalli, Gudipala Mandal, Chittoor District. Aadhar: 5457 4150 9289 3. S.Parameswaran, S/o. Srinivasan, Aged about 43 years, Occ: Ex Police man, D.No.60, Subbarayan 5‘^ Street, Narnmalwar Pet, Peramburu (A-1) (A-2) barracks, Chennai, Tamil Nadu State-600012. Cell: 9498128835 Aadhar No. 3632 0096 7827 (A-3) 4. S.Nagaraju, S/o. Late S.Murugaiah, Aged about 33 years, Occ: Coolie, R/o.Nallasiddanapalli village, Gundlakattamanchi, Bangarupalyam Mandal, Chittoor District. Cell: 6301830017, Aadhar; 3345 5573 5305 (A-5) ...Petitioners/Accused No. 1,2,3 & 5 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Amaravathi Through SHO, Rallabudugur Police Station, Chittoor District ...Respondent No.1 2. K.Subramanyam, S/o. Krishnappa, Aged about 49 Years, Occ: Driver, R/o. H.No.4-51, Donkumanapalli Village, H/o. Thummisi, Santhipuram Mandal, Chittoor District. Cell; 9676227757. Aadhar No.715967964948. ...Respondent No.2/Defacto Compiainant/LW.1 3. K.Manjula @ S.Majula, W/o. K.Subramanyam, Aged about 40 years. Occ; Cloth Business, R/o. H.No.4-51, Donkumanapalli Village, H/o. Thummisi, Santhipuram Aadhar No.519162275067. Mandal, Chittoor District. ...Respondent No.3/Victim/LW.6 Petition filed under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioners in C.C. No.888 of 2021 on the file of the Court of Judicial Magistrate of First Class, Kuppam. lA NO: 2 OF 2025 Between; 1. K.Subramanyam, S/o. Krishnappa, Aged about 49 Years, Occ; Driver, R/o. H.No.4-51, Donkumanapalli Village, H/o. Thummisi, Santhipuram Mandal, Chittoor District. Cell; 9676227757. Aadhar No.715967964948. ...Petitioner/Respondent No.2/Victim/LW.1 2. K.Manjula @ S.Majula, W/o. K.Subramanyam, Aged about 40 years. Occ; Cloth Business, R/o. H.No.4-51, Donkumanapalli Village, H/o. Thummisi Santhipuram Aadhar No.519162275067. Mandal, Chittoor District. ...Petitioner/Respondent No.3/Victim/LW.6 AND 1. V.Krishnamurthy, S/o. M.Venkatadri, Aged about 39 years, Occupation: Anchanayakuppam / H/o. Village, D.No.7-92, Santhipuram Mandal, Cell; 9542341339, Chittoor Cultivation Sivaramapuram District. Aadhar No. 3618 6357 7912 (A-1) Occ; Painter, D.No.2- 2. D.Dasu, S/o. Dhanasekhar, Aged about 55 years Sree Rangampalle Village, H/o. Papisettipalli, Gudipala Mandal, Chittoor District. Aadhar: 5457 4150 9289 36, (A-2) 3. S.Parameswaran, S/o. Srinivasan, Aged about 43 years, Occ; Ex Police D.No.60, Subbarayan 5th Street, Narnmalwar Pet, Peramburu barracks, Chennai, Tamil Nadu State-600012. Cell: 9498128835 man (A-3) Aadhar No. 3632 0096 7827 4. S.Nagaraju, S/o. Late S.Murugaiah, Aged about 33 years, Occ; Coolie, Gundlakattamanchi, Bangarupalyam R/o.Nallasiddanapalli village Chittoor District. Cell:6301830017, Aadhar:334555735305(A-5) Mandal .. .Respondents/Petitioners 5. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Amaravathi Through SHO, Rallabudugur Police Station, Chittoor District ...Respondent/Respondent No.1 Petition fiied under Section 359(6) & Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Cnminal Petition, the High Court may be pleased may be pleased to permit the compound the offences U/s.341, 342, 363, 4f9, 385 r/w 34 IPC petitioners to in C.C. No.888 of 2021 on the file of the Court of Judicial Magistrate of First Kuppam by taking consideration of the settlement of dispute outside Class, the court. / [A NO: 3 OF 207*; Between: 1. V.Krishnamurthy, S/o. M.Venkatadri, Aged about 39 years, Occupation; Cultivation. D.No.7-92, Anchanayakuppam Sivaramapuram, Santhipuram Mandal, Cell; Village, H/o. 9542341339, Chittoor District. Aadhar No. 3618 6357 7912 (A-1) 2. D.Dasu, S/o. Dhanasekhar, Aged about 55 years, Occ; Painter, D.No.2- 36, Sree Rangampalle Village, H/o. Papisettipalli, Gudipala Mandal, Chittoor District. Aadhar; 5457 4150 9289 (A-2) 3. S.Parameswaran, S/o. Srinivasan, Aged about 43 years, Occ; Ex Police D.No.60, Subbarayan 5th Street, Narnmalwar Pet, Peramburu barracks, Chennai, Tamil Nadu State-600012. Aadhar No. 3632 0096 7827 man. Cell; 9498128835 (A-3) 4. S.Nagaraju. S/o. Late S.Murugaiah, Aged about 33 years, Occ; Coolie, R/o.Nallasiddanapalli village, Gundlakattamanchi Bangarupalyam Mandal. Chittoor District. Cell; 6301830017, Aadhar; 3345 5573 5305 (A-5) ...Petitioners/Accused No. 1,2,3 & 5 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Amaravathi Through SHO, Rallabudugur Police Station, Chittoor District ...Respondent No.1 2. K.Subramanyam, S/o. Krishnappa. Aged about 49 Years, Occ; Driver, R/o. H.No.4-51, Donkumanapalli Village, H/o. Thummisi, Santhipuram Mandal, Chittoor District. Cell; 9676227757. Aadhar No.715967964948. ...Respondent No.2/Defacto Complainant/LW.1 3. K.Manjula @ S.Majula, W/o. K.Subramanyam, Aged about 40 years. Occ; Cloth Business. R/o. H.No.4-51, Donkumanapalli Village, H/o. Thummisi, Santhipuram Aadhar No.519162275067. Mandal, Chittoor District. ...Respondent No.3A/lctim/LW.6 Petition fiJed under Section and 528 of BNSS r/w 359 (2) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise between the parties for the offences U/s.341, 342, 363, 419, 385 r/w 34 IPC in C.C. No.888 of 2021 on the file of the Court of Judicial Magistrate of First Class, Kuppam and quash the same. * Copy of the Joint Memo enclosed along with I.A.No. 3 of 2025 Counsel for the Petitioners: Sri Suresh Kumar Reddy Kalava Counsel for the Respondents: SRI Y. V. S. S. DHARANEESH Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following order: / APHC010509522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA ' l■A■Nos■2 and 3 of 2025 [3396] ‘ IN/AND CRIMINAL PETITION NO: 10025/2025 Between: 1.V KRISHNAMURTHY, S/0 M.VENKATADRl, AGED ABOUT 39 YEARS,OCCUPATION CULTIVATION D.NO.7-92, ANCHANAYAKUPPAM VILLAGE,H/0 SIVARAMAPURAM, SANTHIPURAM MANDAL.CELL 9542341339, CHITTOOR DISTRICT.AADHARNO. 361863577912. 2.D DASU, S/O. DHANASEKHAR. AGED ABOUT 55 YEARS OCC PAINTER,D.NO.2-36, SREE RANGAMPALLE VILLAGE,H/0 PAPISETTIPALLI, GUDIPALA MANDAL,CHITTOOR DISTRICT AADHAR 545741509289 3.S PARAMESWARAN, S/O. YEARS,OCC EX POLICE MAN,D.NO.60, SUBBARAYAN 5TH STREET, NARNMALWAR PET,PERAMBURU BARRACKS, CHENNAI, TAMIL NADU STATE-600012.CELL 9498128835 /\ADHAR 363200967827. 4.S NAGARAJU, S/O. LATE S.MURUGAIAH, AGED ABOUT 33 YEARS OCC COOLIE. SRINIVASAN, AGED ABOUT 43 R/O. NALLASIDDANAPALLI GUNDLAKATTAMANCHI,BANGARUPALYAM MANDAL DISTRICT. CELL 6301830017/VADHAR 334555735305 VILLAGE, CHITTOOR ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF A.P., AMARAVATHI THROUGH SHO, RALLABUDUGUR POLICE STATION, CHITTOOR DISTRICT 2.K SUBRAMANYAM, S/O. KRISHNAPPA, AGED ABOUT 49 YEARS, OCC. DRIVER, R/O. H.NO.4-51, DONKUMANAPALLI VILLAGE,H/0. THUMM1SI, SANTHIPURAM MANDAL, CHITTOOR DISTRICT CELL 9676227757.AADHAR N0.715967964948. 3.K MANJULA ALIAS S MAJULA, W/0. K. SUBRAMANYAM, AGED ABOUT 40 YEARS, OCC. CLOTH BUSINESS,R/0. H.NO.4-51, DONKUMANAPALLI VILLAGE,H/O. THUMMISI MANDAL, CHITTOOR DISTRICT.AADHAR NO.519162275067. ...RESPONDENT/COMPLAINANT(S): SANTHIPURAM \ \ 2 Counsel for the Petitioner/accused(S): 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent/complainant(S); 1.YVSSDHARANEESH 2.PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners / Accused Nos.1 2, 3 and 5, seeking to quash the proceedings against them in C.C.No.888 of 2021 on the file of the Court of Judicial First Class Magistrate, Kuppam for the offences under Sections 341, 342, 363, 419, and 385 read with 34 of Indian Penal Code (for short ‘IPC’). 2. I.A.Nos.2 and 3 of 2025 are filed by Respondent Nos.2 and 3 seeking permission to compound the offences and to record the compromise between them and the Petitioners/Accu'sed Nos.1,2, 3 & 5. Petitioners/Accused Nos.1, 2, 3 and 5 and Respondent Nos.2 and 3 appeared before this Court and were identified by their respective Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. Both parties would submit that they came to an amicable settlement for withdrawal of the case in C.C.No.888 of 2021 on the file of 3. learned counsel. 4. the Court of Judicial First Class Magistrate, Kuppam pending between them and a Joint Memo is also filed to that effect. Respondent Nos.2 and 3 would submit that, only to settle the financial disputes with the Accused, 3 r they have lodged a case for the alleged offences. It is further submitted that, in fact, there is no such incident occurred except the existence of financial transactions between them. They would further submit that at the intervention of elders on both sides, the matter has been settled between the parties and that they do not want to prosecute the matter, and hence, the case against the Petitioners may be closed. 5. Having lodged the complaint in the year 2021 for the alleged offences and prosecuting the matter for the last four years by moving the Police and the Judiciary, Respondent Nos.2 and 3 have come with the proposed settlement stating that, only to settle the financial disputes with the Accused, they have lodged a case for the alleged offences. Jn such circumstances, this Court is of the view that the petition is liable to be allowed on payment of costs by Respondent Nos.2 and 3. 6. Considering the submissions, in the light of the judgment of the Hon’ble Apex Court in G/an Singh vs. State of Punjab and another', in terms of the compromise between the parties, since there is an amicable settlement between them and this case has been registered in the year 2021, Police took up due investigation, filed charge sheet and the Court has taken cognizance of the alleged offences, I.A.Nos.2 and 3 of 2025 allowed. Consequently, the Criminal Petition is allowed and the case against the Petitioners / Accused Nos.1,2, 3 and 5 in C.C.No.888 of 2021 the file of the Court of Judicial First Class Magistrate, Kuppam for the 1 are on 2012(10)SCC 303 4 Offences under Sections 341, 342, 363, 419, and 385 read with 34 IPC, is hereby quashed, on payment of costs of Rs.20,000/- by Respondent Nos.2 and 3 to the A.P.High Court Employees’ Association. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR 1 //TRUE COPY// SECTION OFFICER To, 1. The Judicial Magistrate of First Class, Kuppam, Chittoor District. 2. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 3. One CC to Sri Y.V.S.S.Dharaneesh, Advocate [OPUC] 4. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 5. Three CD Copies Along with Joint Compromise Memo enclosed in I.A.No.3 of 2025 to the addresses. GPC Cnr T y i HIGH COURT GPC \ DATED: 09/10/2025 COMMON ORDER: l-A.Nos. 2 & 3 OF 2025 IN/AND CRLP NO. 10025 OF 2025 ^ 01 NOV 2025 ov rrentSectio Cr. icy St I.A. Nos. 2 & 3 OF 2025 ARE ALLOWED ALLOWING THIS CRIMINAL PETITION / /■ MEMORANDUM OF COMPROMISE PETITION (filed Under Sec. 359 &, Sec. 528 of BNSS) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATf. N iOof 2025 Crl. P. No. P': Between; l.'V. Krishnamurthy, S/o M.Venkatadri, Aged about 39 years, Occupation; Cultivation, D.No.7-92, Anchanayakuppam Village, H/o Sivaramapuram, Santhipuram Mandal Cell; 9542341339, Chittoor District. Aadhar No. 361863577912. (Al) 2. D.Dasu, S/o. Dhanasekhar, Aged about 55 years, Occ; Painter, D.No.2-36, Sree Rangampalle Village, H/o Papisettipalli, Gudipala Mandal, Chittoor District. Aadhar; 545741509289 (A2) 3. S. Parameswaran, S/o. Srinivasan, Aged about 43 years, Occ; Ex Police man, D.No.60, Subbarayan 5th Street, Nammalwar Pet, Peramburu barracks, Chennai, Tamil Nadu State-600012. Cell; 9498128835 Aadhar; 363200967827. (A3) 4. S'.Nagaraju, S/o. Late S.Murugaiah, Aged about 33 years, Occ; Coolie, R/o. Nallasiddanapalli village, Gundlakattamanchi, Bangarupalyam Mandal, Chittoor District. Cell; 630^830017 Aadhar; 334555735305 (A5) .. Petitioners/Accused No. 1,2,3 and 5. And 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., Amaravathi Through SHO, Rallabudugur Police Station, Chittoor District. .. Respondent No.l 2. K. Subramanyam, S/o. Krishnappa, Aged about 49 Years, Occ. Driver, R/o. H.No.4-51, Donkumanapalli Village, H/o. Thummisi, Santhipuram Mandal, Chittoor District. yc / Cell:9676227757. Aadhar No.7159.67964948. • •• Respondent No.2/Defacto Complainant/LW. 1 *1 3. K. Manjula@ S. Majula, W/o. K. Subramanyam, Aged about 40 years, Occ. Cloth Business, R/o. H.No.4-51, Donkumanapalli Village, H/o. Thumrhisi, Santhipuram Mandal, Chittoor District. Aadhar No.519162275067. ... Respondent No.3/Victim/LW.6 JOINT MEMO OF COMPROMISE FILED ON BEHALF. OF THE PETITIONERS/ACCUSED AND THE 2^0 AND 3^0 RESPONDENT 1) It is submitted that Respondent No. 2 herein filed a report before Rallabudugur Police Station and a crime was registered against the unknown persons in Cr. No. 170 of 2021 for the offence U/s. 341, 342, 363 r/w 34 IPC before the Rallabudugur Police Station, Chittoor District. Subsequently, after investigation, the police filed a charge sheet by arraying the petitioners as Accused No. 1,2,3 and 5 along with another Accused No.4 vide C.C. No.888 of 2021 on the file of the Hon’ble Cour. of Judicial Magistrate of First Class, Kuppam, for the offences punishable U/s.341, 342, 363, 419, 385 r/w 34 IPC. 2) It IS submitted that at the intervention of the elders of both parties and per their advice, the petitioners and the respondents no.2 and 3 have together compromised amicably. It is submitted that in view of the compromise, money disputes between petitioner no.l/Al and respondents No. 2 and 3 are settled and respondents No. 2 and 3 have proceeding with the case. as no interest in 3) It IS submitted that the petitioners filed the above Criminal Petition to on the file of the Hon’ble Court , in view of the compromise, are to move an application before this Hon’ble Court for quashing of the proceedings in C.C. No.888 of 2021 on the file of the Hon’ble Court of Judicial Magistrate of First Class, Kuppam since the disputes were settled outside the court. quash the proceedings in C.C. No.888 of 2021 of Judicial Magistrate of First Class, Kuppam both the parties herein the ends of justice the non- further submitted that in order to meet - compound, though the offences are compoundable m view of the guidelines issued in Anitha Mart.a Dias Vs State of Maharastra reported in 2018(3) SCO 290, having a record to the facts that It is offences may be pleased be and the complainant has no the parties have amicably settled their disputes objection, even though the offence are submitted that the offences are entirely personal in IS further in nature and do not affect would not compoundable. It Hence, the proceedings on account of compromise the public peace, bring about peace and would secure the ends of justice. that this and 2nd and 3^^ respondent herein prays The petitioners Record the compromise among the parties the file of the Hon’ble Hon’ble Court may be pleased to and quash the proceedings in C.C. Nc.888 of 2021 on Court of Judicial Magistrate of First Class, Kuppam by taking conside of the settlement of dispute between the parties outside the court and pass deem fit and proper in such other order or orders as this Hon’ble Court may the circumstances of the case. Petitioners/Accused Counsel forfhe Petitiorters 1. 2- DAiS 3. -41, 4. S. ^ Respondent No.2/Defacto Complainant ,4^ CounseTfo'r Respondent Nos. 2 & 3 u? ^hM' Respondent No.3/Victim Amaravati. Dt :V7 .09.2025.