Vadlamudi Balakrishna, v. The State of Andhra Pradesh,
WP/14913/2026 · 2026-09-22
Maheswara Rao Kuncheam
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11235 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11235 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010285842026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 14913 OF 2026 Between:
1. Vadlamudi Balakrishna,, S/o. Anjaneyulu, aged about 58 years, R/o. D.No.54-20/7-4, 2nd Line, Kanakadurga Gazetted Officers Colony Vijayawada, NTR District - 520008
2. Vadlamudi Venkateswara Rao,, S/o. Suryanarayana, aged about 59 years, R/o. Do.No. 5-28, Amrutha Nagar, Nuzvid Mandal, Vijay Poultries, Boravancha Krishna District -521201. 3. Koyyuru Venkateswara Rao,, S/o. Subba Rao , aged about 58 years, R/o. Do.No. 8-48, Goppavaram Musunuru Madal, Krishna District - 521201
4. Syed Rasheed,, S/o. Syed Majeed, aged about 30 years, R/o. Do.No. 24-67, Employees Colony, Koneru Peta, Nuzvid Krishna District - 521201 ...Petitioners AND
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1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District -522238. 2. The Director General of Police, State of Andhra Pradesh, Mangalagiri, Guntur District - 522502. 3. The Superintendent of Police, Eluru District - 534001. 4. The Deputy Superintendent of Police, Nuzvid Division, Eluru District- 521201
5. The Station House Officer, Nuzvid Town Police Station Eluru District-521201
6. Nekkalapu Vijayalakshmi, W/o. Venkateswara Rao, aged about 62 years, R/o. D.No.25-269, Employees Colony, Nuzvid, Eluru District - 521201. 7.
Nekkalapu Venkateswara Rao, S/o. _Nekkalapu Lokeswara Rao, aged about 65 years R/o. D.No.25-269, Employees Colony, Nuzvid, Eluru District - 521201 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No. 5 in registering and proceeding with Crime No.80 of 2026 dated 13.05.2026 on the file of Nuzvid Town Police Station for offences under Sections 318(4), 336(2), 336(3), 338, 329(4), ::3:: 127(2), 115(2), 351(3), 79 r/w 3(5) of Bharatiya Nyaya Sanhita against the petitioners in relation to disputes already pending before competent Civil Court as illegal, arbitrary, mala fide, abuse of process of law and violative of Articles 14 and 21 of the Constitution of India and consequently quash the same and pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct respondent No 5 not to take any coercive steps including arrest against the petitioners pursuant to Crime No.80 of 2026 dated 13.05.2026 on the file of Nuzvid Town Police Station pending disposal of the writ petition and pass IA NO: 2 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to Vacate the Interim Order, dated 28.05.2026 passed in I.A. No. 1 of 2026 in W.P. No. 14913 of 2026 and pass IA NO: 3 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased vacate the stay orders passed in 14913 of 2026 dated 28.05.2026 and dismiss the writ petition and pass ::4:: IA NO: 4 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased in view of the settlement between the parties, quash the proceedings in Crime No.80 of 2026 dated 13.05.2026 on the file of Nuzvid Town Police Station, registered for the offences under Sections 318(4), 336(2), 336(3),
338, 329(4), 127(2), 115(2), 351(3), 79 read with Section 35 of the Bharatiya Nyaya Sanhita, 2023; and compounding the offence in terms of compromise in the interest of justice and pass Counsel for the Petitioners: K V ADITYA CHOWDARY Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: V R MAHESWARA RAO PALETI ::5:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM IA No.4 OF 2026 in/and Writ Petition No:14913 OF 2026 COMMON ORDER: Instant Writ Petition has been filed on behalf of petitioners under Article 226 of the Constitution of India, for the following relief: “to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No. 5 in registering and proceeding with Crime No.80 of 2026 dated 13.05.2026 on the file of Nuzvid Town Police Station for offences under Sections 318(4), 336(2), 336(3), 338, 329(4), 127(2), 115(2), 351(3), 79 r/w 3(5) of Bharatiya Nyaya Sanhita against the petitioners in relation to disputes already pending before competent Civil Court as illegal, arbitrary, mala fide, abuse of process of law and violative of Articles 14 and 21 of the Constitution of India and consequently quash the same and pass” 2. It is represented that during the pendency of the above Writ Petition, the matter is settled out of the Court amicably in respect of FIR in Crime No.80 of 2026 of Nuzvid Town Police Station. Accordingly, petitioners filed I.A.No.4 of 2026 along with Joint Memo which reads as follows:
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“7. It is submitted that the Respondent Nos.6 and 7 herein had executed Sale agreement-cum- Memorandum of Understanding dated 22.06.2026. It was also stated in the said deed page No.4, in the course of the disputes that have arisen between both parties, while the 1st party (Vadlamudi Balakrishna) has filed two suits against the 2nd party (Nekkalapu Vijaya Lakshmi) in the 15th Additional District Court, Nuzvidu.
The said suits are O.S.No.37/2025 and O.S.No.41/2025. Respondent No.6 has filed a complaint against the 1st party in the Nuzvidu Town Police Station. The said case has been registered as Crime No./FIR No.80/2026. In view of the business disputes that have arisen between both parties, following the advice given by our well-wishers and elders, and considering it advisable to resolve the disputes amicably, parties have agreed in the presence of the elders that the Petitioner No.1 will withdraw the two above- mentioned suits filed against the Respondent No.6 and the Respondent No.6 will withdraw the complaint filed by the Registrar against the Petitioner No.1 at the Nuzvid Town Police Station against the Respondent No.6. Accordingly, in the manner stated above, the Petitioner No.1 and the Respondent No.6 have agreed in the presence of the elders to withdraw the two above-mentioned suits filed against the 2nd party. Accordingly, Respondent No.6 had given a letter dated 15.07.2026 to the Inspector of Police, Nuzivid Circle, Nuzvid, Eluru District for withdrawal of case filed against the petitioners herein.”
3. It is stated by respondent Nos.6 and 7 / de facto complainants in the affidavit (Joint Memo) filed in support of IA No.4 of 2026 that as per the advice of the well-wishers and family elders of both sides, they compromised the matter. She
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further stated in the affidavit that there is no coercion, force or misrepresentation from anybody in giving the said affidavit or in compounding the present case and out of their free will and wish, they were giving the affidavit. 4. Heard learned counsel for the petitioners, learned counsel for respondent Nos.6 and 7 and learned Assistant Government Pleader for Home appearing on behalf of respondent Nos.1 to 5. 5. Today, when the case is called, both the parties are present before this Court. Learned counsel for the petitioners and the learned counsel for the 2nd respondent identified both the parties in the open Court.
This Court questioned the de facto complainants with regard to compromise, and they have categorically stated that they have voluntarily entered into compromise with the petitioners herein. 6. Keeping in view the overall facts and circumstances of the case, coupled with the nature of the offences, as no adverse antecedents or conduct was found against the accused, the parties on their free will and volition, willingly to
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put a quietus to all their disputes, which will advance peace and harmony among the parties. More so, the cause of administration of the criminal justice system would remain unaffected. 7. Recently, the Hon'ble Supreme Court in Rajnish Kumar Biswakarma v. State of NCT of Delhi & Anr1 (Criminal Appeal No.4680 of 2024) has reiterated that a prayer for quashing an FIR can be entertained under Article 226 of the Constitution of India, subject to the discretion of the High Court and the facts of the case. 8. In the facts of the present case, having regard to the nature of the dispute, the settlement arrived between the parties and the categorical statement of the respondents/complainant that they do not intend to pursue the criminal proceedings, this Court is satisfied that no useful purpose would be served by permitting the criminal proceedings to continue against the petitioners. 1 2024 SCC OnLine SC 6130
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9. Accordingly, I.A.No.4 of 2026 and Writ Petition No.14913 of 2026 are allowed. Consequently, FIR in Crime No.80 of 2026 of Nuzvid Town Police Station, insofar as the petitioners are concerned, is hereby quashed. No costs. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM
Date: 23.09.2026 krk
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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 145
IA No.4 OF 2026 in/and Writ Petition No:14913 OF 2026
Date: 23.09.2026
krk