Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 58604 (AP)

SHAIK NAWAB JOHN v. The State of Andhra Pradesh

CRLP/11579/2025 · 2025-11-12

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010597452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 and 2 of 2025 In/and CRIMINAL PETITION No: 11579 of 2025 Between: 1. SHAIK NAWAB JOHN, S/O. SHAIK MOHAMMAD, AGED ABOUT 25 YEARS, R/O. H.NO. 86-6-1649, 2ND LANE, GAYATRI NAGAR, K.V.P.COLONY, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH-522004. 2. SHAIK BAJI, , S/O. HANIF, AGED ABOUT 29 YEARS, / R/O. D.NO.25-20-97/B, SAMPATH NAGAR, F B.R.B.COLONY, GUNTUR,GUNTUR DISTRICT. ANDHRA PRADESH -522002. 3. . SHAIK NAZMA, , D/O. SHAIK MOHAMMAD, AGED ABOUT 23 YEARS, R/O. D.NO. 86-6-1649, GAYATHRI NAGAR 2ND LANE, K.V.P.COLONY, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH-522004. 4. SHAIK RIZWANA, , W/O. SHAIK MAHAMMAD, AGED ABOUT 36 YEARS, R/O. D.NO. 86-6-1649, GAYATRI NAGAR 2ND LANE, K.V.P.COLONY, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH-522004. 5. SYED NOORULLA, , S/O. SYED ADAM SAHEB, AGED ABOUT 60 YEARS, R/O. H.NO. 26-38-69, 14TH LANE, A.T.AGRAHARAM, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH - 522004. 6. SYED GOUSIYA, , W/O. NOORULLA, AGED ABOUT 51 YEARS, R/O. H.NO.26-38-69, 14TH LANE, A.T.AGRAHARAM, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH - 522004. 7. SYED SHUKKUR,, S/O. KARIMULLA, AGED ABOUT 34 YEARS, R/O. D.NO.26-38-69, 14TH LANE, A.T.AGRAHARAM, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH - 522004 8. SYED ALTHAF,, S/O. NOORULLA, AGED ABOUT 29 YEARS, R/O. D.NO. 26-38-69, 14TH LANE, AT.AGRAHARAM, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH - 522004. 9. SHAIK JABEEN,, W/O. HANIF, AGED ABOUT 46 YEARS, R/O.D.NO. 25-20-97/B, SAMPATH NAGAR, B.R.B. COLONY, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH - 522 002. 10. SHAIK MOHAMMAD, S/O. NAWAB JOHN, AGED ABOUT 44 YEARS, R/O. GAYATRI NAGAR, 3RD LANE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH NAGARAMPALEM POLICE STATION, GUNTUR DISTRICT, ANDHRA PRADESH. ... 2. SHAIK SUBHANI, W/O. SHAIK JAMAL, AGED ABOUT 48 YEARS, R/O. D.NO.26-40-101, 4TH LANE, A.T. AGRAHARAM, NEAR MASJEED, GUNTUR, GUNTUR DISTRICT. ANDHRA PRADESH - 522004. ...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 call for the records in relating to the C.C No. 3745 of 2025, on the file of the Court of the Hon’ble Judicial First Class magistrate and Special Mobile Court, Guntur for the offences punishable Under Sections 329 (4), 79,351 (2), 118 (1), R/w 3 (5) of BNSS 2023 against the petitioners/Accused No. 1 to 10, and quash the same, and pass IA NO: 1 OF 2025 Petition under Section 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 may be pleased to permit the petitioner to compound the offence Under Sections 329 (4), 79,351 (2), 118 (1), R/w 3 (5) of BNSS 2023 against the petitioners/Accused Nos 1 to 10 in C.C No. 3745 of 2025, on the file of the Court of the Hon’ble Judicial First Class magistrate and Special Mobile Court, Guntur, and pass IA NO: 2 OF 2025 Petition under Section 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 may be pleased to quash the proceedings in C.C No. 3745 of 2025, on the file of the Court of the Hon’ble Judicial First Class magistrate and Special Mobile Court, Guntur against the Respondents/Petitioners/Accused No 1 to 10 in terms of compromise between the parties, and pass IA NO: 3 OF 2025 Petition under Section 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 may be pleased leased to stay of all further proceedings including appearance of the petitioners/Accused No. 1 to 10 in C.C No. 3745 of 2025, on the file of the Court of the Hon’ble Judicial First Class magistrate and Special Mobile Court, Guntur, pending disposal of the quash Petition, and pass Counsel for the Petitioner/accused(S): 1. MYLA JOHN JABEZ Counsel for the Respondent/complainant(S): 1. VINOD KUMAR PEMMASANI 2. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 and 2 of 2025 In/and CRIMINAL PETITION No: 11579 of 2025 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”)/under Section 528 of Bharatiya Nagarik Suraksha Sanhitha (in short, “BNSS), has been filed by the Petitioners/ Accused Nos.1 to 10, seeking quashment of the proceedings against them in C.C.No.3745 of 2025, on the file of learned Judicial Magistrate of First Class, and Special Mobile Court, for the offences punishable under Sections 329 (4), 79, 351 (2), 118 (1), r/w 3 (5) of B.N.S.S. 2023. 2. I.A.No.1 of 2025 is filed by the petitioner/2nd respondent to compound the offence Under Sections 329 (4), 79, 351 (2), 118 (1), R/w 3 (5) of BNSS 2023 against the petitioners/Accused Nos.1 to 10 in C.C No. 3745 of 2025, on the file of the Court of the Hon’ble Judicial First Class magistrate and Special Mobile Court, Guntur. 3. I.A.No.2 of 2025 is filed by the petitioner/respondent No.2/defacto complainant to quash the proceedings in C.C No. 3745 of 2025, on the file of the Court of the Judicial First Class Magistrate and Special Mobile Court, Guntur against the Respondents/Petitioners/Accused No 1 to 10 in terms of compromise between the parties. 4. Heard Sri Myla John Jabez, learned counsel for the petitioners, learned Assistant Public Prosecutor appearing for respondent No.1-State and Sri Vinod Kumar Pemmasani, learned counsel for respondent No.2. 5. Both the parties appeared before this Court and were identified by their respective learned counsel. 6. Learned Assistant Public Prosecutor for the State is in attendance and reported no objection to record the compromise. 7. The defacto complainant/respondent No.2 stated that she has voluntarily come forward for withdrawal of the case and represented that she received Rs.2,00,000/- from the petitioners/accused Nos.1 to 5 as settlement of all disputes between them. 8. In that view, the I.A.Nos.1 and 2 of 2025 are allowed. 9. Since both the parties entered into compromise, no further orders are required in this matter. Accordingly, this Criminal Petition is allowed by quashing the proceedings pending against the petitioners herein/Accused No.1 to 10 in C.C No. 3745 of 2025, on the file of the Court of the Judicial First Class Magistrate and Special Mobile Court, Guntur. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 13.11.2025 M K K 170 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 & 2 of 2025 In/and CRIMINAL PETITION No: 11579 of 2025 Dt.13.11.2025 M K K