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2025 DAILYLAW 7790 (AP)

MUKESH JAIN v. THE STATE OF ANDHRA PRADESH

CRLP/1763/2025 · 2025-03-05

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A.Nos. 1 and 2 of 2025 IN/AND CRIMINAL PETITION NO: 1763 OF 2025 Between: Mukesh Jain, S/o N.C. Jain, Jain, Aged 58 years. Executive Director Andhra Paper Ltd., Sri Ram Nagar, Rajahmundry, East Godavari District ...PETITIONER /ACCUSED AND 1. The State of Andhra Pradesh, Rep. by the Station House Officer, Bommmuru Police Station, Rajamahendravaram, East Godavari District, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi 2. Mutyala Aruna Kumari,, D/o. Butchi Rayudu, Aged 38 years, R/o. KarurVysya Rajamahendravaram Rural, East Godavari District D.No.5-218/1, Behind Bank, Bommuru ...RESPONDENTS / COMPLAINANTS Petition under Section 482 of Cr.P.C and Section 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 and relating to Cr.No.404/2024 on the file Bommuru Police Station, East Godavari District. I.A. NO; 1 OF 2025 Betw^feri Mytyala Aruna Kumari,, D/o. Butchi Rayudu, Aged 38 years, R/o. D.No.5- 218/1, Behind KarurVysya Bank, Bommuru, Rajamahendravaram Rural, East Godavari District ...PETITIONER / RESPONDENT N0.2 AND 1. Mukesh Jain, S/o N.C. Jain, Jain, Aged 58 years. Executive Director Andhra Paper Ltd., Sri Ram Nagar, Rajahmundry, East Godavari District ...RESPONDENT / PETITIONER 2. The State of Andhra Pradesh, Rep. by the Station House Officer, Bommmuru Police Station, Rajamahendravaram, East Godavari District, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...RESPONDENT / RESPONDENT N0.1 Petition under Section 320(6) of Cr.P.C & Section 359 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 herein compromise in FIR No.404/2024 of Bommuru Police Station, Rajamahendravaram, East Godavari District. I.A. NO: 2 OF 2025 Between; Mutyala Aruna Kumari,, D/o. Butchi Rayudu, Aged 38 years. R/o. D.No.5- 218/1, Behind KarurVysya Bank, Bommuru, Rajamahendravaram Rural, East Godavari District ...PETITIONER / RESPONDENT N0.2 AND 1. Mukesh Jain, S/o N.C. Jain, Jain, Aged 58 years. Executive Director Andhra Paper Ltd., Sri Ram Nagar, Rajahmundry, East Godavari District ...RESPONDENT / PETITIONER 2. The State of Andhra Pradesh, Rep. by the Station House Officer, Bommmuru Police Station, Rajamahendravaram, East Godavari District, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...RESPONDENT / RESPONDENT N0.1 Petition under Section 320(8) of Cr.P.C & Section 359 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 and quash the proceedings against the Petitioner / Accused in FIR No.404/2024 of Bommuru Police Station, Rajamahendravaram, East Godavari District. I.A. NO: 3 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in Cr.No.404/2024 on the file Bommuru Police Station, East Godavari District This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt Sodum Anvesha ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and Sri. Varrey Venkata Nagavishnu Teja Advocate for the Respondent No.2. The Court made the following ORDER : w- APHC010080242025 in THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 01^ [3457] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A.NOS.I AND 2 OF 2025 IN/AND CRIMINAL PETITION NO: 1763/2025 Between; Mukesh Jain ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused; 1.SODUM ANVESHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2.VARREY VENTAKATA NAGAVISHNU TEJA The Court made the following Common Order: Heard learned counsel for the petitioner, learned Assistant Public Prosecutor for the 1®* respondent-State and learned counsel for the 2"*^ respondent. Along with I.A.Nos.1 and 2 of 2025, a joint memo of compromise was filed by the petitioner and the 2'^'^ respondent, and they also 2. appeared personally before this Court. Considering the statement made by the de facto complainant. 3. indicating that she is no longer interested in pursuing the complaint. and also taking into consideration the observation of the learned Judge of this Court, while allowing Crl.P.No.72 of 2025, wherein the de facto complainant was present before this Court and expressed that she is not interested in prosecuting the matter, this Court is inclined to quash the proceedings against the petitioner. Accordingly, the present Criminal Petition is allowed and the 4. Cr.No.404 of 2024 on the file of the Bommuru Police Station, East Godavari District, is hereby quashed. Consequently, I.A.Nos.1 and 2 of 2025 are allowed. Pending miscellaneous petitions, if any, shall stand closed. SD/- K.SRINIVASA RAJU ASSISTANT REGISTRAR T SECTION OFFICER //TRUE COPY// To, 1. The Family Court Cum IX Additional District and Sessions Judge, East Godavari at Rajamahendravaram. Bommmuru Police Station, 2. The Station House Officer, Rajamahendravaram, East Godavari District One CC to Smt. Sodum Anvesha Advocate [OPUC] 3. One CC to Sri. Varrey Venkata Nagavishnu Teja Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Andhra Pradeshat Amaravathi [OUT] 5. 6. THREE CD COPIES PR TAC (ALONG WITH JOINT MEMO) HIGH COURT DATED:05/03/2025 ORDER I.A.Nos. 1 and 2 of 2025 IN/AND CRIMINAL PETITION NO: 1763 OF 2025 g 13 MAR 2025 ^ ^ Current Section . ^ ALLOWING THE I.A.Nos. 1 and 2 of 2025 IN/AND CRIMINAL PETITION N0.1763 OF 2025 QUASHED MEMORANDUM OF CRIMINAL MISCELLANEOUS PETITION (UNDER SECTION 320 OF CR.P.C. & SECTION 359 BNSS) HON’BLE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI OF 2025 IN THE CRL.P.No. BETWEEN; Mukesh Jain, S/o N.C. Jain, Jain, Aged 58 years. Executive Director Andhra Paper Ltd., Sri Ram Nagar, Rajahmundry, East Godavari District AND ... Petitioner / Accused 1. The State of Andhra Pradesh, Rep. by the Station House Officer, Bommmuru Police Station, Rajamahendravaram, East Godavari District, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi 2. Mutyala Aruna Kumari, D/o. Butchi Rayudu, Aged 38 years, R/o. D.No.5-218/1, Behind Karur Vysya Bank, Bommuru, Rajamahendravaram Rural, East Godavari District ... Respondents / Complainants .lOINT MEMO OF COMPROMISE FILED BY THE PETITIONER AND RESPONDENT No.2 We submit that on a complaint lodged by the Respondent No.2 stating that the Petitioner on the promise of giving job to the Respondent No.2 who is already working as a Security Guard in the company and her to son in the company, committed rape on her and cheated her by not giving her the job and abused her in filthy language. 1) The complaint was numbered as FIR.No.404/2024, dt.10.12.2024 on the file of Bommuru PS. 2) We submit that, after registering the complaint and after coming to know the aftermath of the unrest that ensued in the company due to her complaint, the Respondent No.2 made enquiries about the Sections of Law which were registered based on her complainant and realized that no such offences took place against her. 3) /• 4) When the Petitioner / Accused Hon’ble High Court of Andhra above crime, the Respondent No.2 at the time of hearing and represented that she is not interested i pursuing her complaint and will withdraw statement, the Petitioner / Accused was granted Anticipatory Ball by the Hon ble High Court of A.P. vide its Order, dt. 10-01-2025. As stated by the Respondent No.2 / Complainant before the Hon’ble High Court, she preferred CRL.P.No.72/2025 before the Pradesh seeking Anticipatory Bail in the appeared before the Hon’ble Court in the same. Based on her 5) sent a Requisition, dt.22-01-2025 to the House Officer that she is withdrawing accused and requested to close the Respondent informing the Station her complaint against the case The 1®* received the same but did not act upon it till now. through Registered Post Respondent Police with Acknowledgement Due. 6) We do not have any other claims pending against each other. The contents mentioned in the Joint Memo of Compromise correct to the best of our knowiedge and beiief. entered with free will and are filing the present Joint Memo. 7) are true and The said compromise is consent and without any coercion. Hence , we It IS therefore prayed that this Hon’ble the Petitioner and Respondent No.2 Court may be pleased to permit herein to compound the offences compromise and by allowing the Petitioner against FIR No.404/2024 Bommuru Police Station, Rajamahendravaram, East Godavari and pass such other order and proper in the circumstances of the with the Respondent No.2 by recording Criminal Petition filed by the of District may deem fit or orders as this Hon’ble Court case. Amaravati Date^ .2.2025 Co :hi etitioner /!/ Counsel fbf me ndent No.2 Respondent No.2 / Complainant