Boyapati Mahesh Babu v. The State of Andhra Pradesh
CRLP/467/2026 · 2026-01-27
Y Lakshmana Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15236 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15236 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010030192026
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: Between:
1. BOYAPATI MAHESH BABU, S/O KOTESWARA RAO,AGED ABOUT 28 YEARS, R/O- MANDAL, PALNADU DISTRICT
2. GOPAVARAPU ALIAS KONAKANCHI KITTU, S/O YEDUKONDALU, AGED ABOUT 32 YEARS,R/O ,VELPURU VILLAGE,SAVALYAPURAM MANDAL,PALNADU DISTRICT-522646. 3. SURABATHINA VENKATA RAO, S/O. HANUMANTHA RAOAGEDABOUT31 YEARS,R/O 193,VEIPURUVILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT-522646. 4. SURABATHINA SAI KIRAN, S/O SREERAMULU,AGED ABOUT 24 YEARS, R/O-2-88, VELPURU VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT
5. SURABATHINA ASHOK, S/O ANJAIAH VEERANJINEYULU,AGED ABOUT 22 YEARS, R/O VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT
6. TUMATI SAI TEJA, S/O SRINIVASA RAO SRINUAGED ABOUT 21 YEARS, R/O VILLAGE,SAVALYAPURAMMANDAL, PALNADU DISTRICT
7. TUMATI GOPI CHAND ALIAS GOPI, S/O APPARAO,AGED ABOUT 25YEARS, R/O-3- 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 467/2026 BOYAPATI MAHESH BABU, S/O KOTESWARA RAO,AGED ABOUT 4-78, VELPURU VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT-522646 GOPAVARAPU ALIAS KONAKANCHI RAMAKRISHNA ALIAS KITTU, S/O YEDUKONDALU, AGED ABOUT 32 YEARS,R/O ,VELPURU VILLAGE,SAVALYAPURAM MANDAL,PALNADU SURABATHINA VENKATA RAO, S/O. HANUMANTHA RAOAGEDABOUT31 YEARS,R/O 193,VEIPURUVILLAGE,SAVALYAPURAM MANDAL, PALNADU SURABATHINA SAI KIRAN, S/O SREERAMULU,AGED ABOUT 24 88, VELPURU VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT-522646. SURABATHINA ASHOK, S/O ANJAIAH VEERANJINEYULU,AGED ABOUT 22 YEARS, R/O- 2-88, VELPURU ALYAPURAM MANDAL, PALNADU DISTRICT TUMATI SAI TEJA, S/O SRINIVASA RAO SRINUAGED ABOUT 21 YEARS, R/O-3-94-1, VELPURU VILLAGE,SAVALYAPURAMMANDAL, PALNADU DISTRICT TUMATI GOPI CHAND ALIAS GOPI, S/O APPARAO,AGED ABOUT -96, VELPURU VILLAGE,SAVALYAPURAM IN THE HIGH COURT OF ANDHRA PRADESH [3521] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO BOYAPATI MAHESH BABU, S/O KOTESWARA RAO,AGED ABOUT 78, VELPURU VILLAGE,SAVALYAPURAM RAMAKRISHNA ALIAS KITTU, S/O YEDUKONDALU, AGED ABOUT 32 YEARS,R/O-2-101 ,VELPURU VILLAGE,SAVALYAPURAM MANDAL,PALNADU SURABATHINA VENKATA RAO, S/O. HANUMANTHA RAOAGEDABOUT31 YEARS,R/O-4- 193,VEIPURUVILLAGE,SAVALYAPURAM MANDAL, PALNADU SURABATHINA SAI KIRAN, S/O SREERAMULU,AGED ABOUT 24 88, VELPURU VILLAGE,SAVALYAPURAM MANDAL, SURABATHINA ASHOK, S/O ANJAIAH VEERANJINEYULU,AGED 88, VELPURU ALYAPURAM MANDAL, PALNADU DISTRICT-522646. TUMATI SAI TEJA, S/O SRINIVASA RAO SRINUAGED ABOUT 21 1, VELPURU VILLAGE,SAVALYAPURAMMANDAL, PALNADU DISTRICT-522646 TUMATI GOPI CHAND ALIAS GOPI, S/O APPARAO,AGED ABOUT 6, VELPURU VILLAGE,SAVALYAPURAM
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MANDAL, PALNADU DISTRICT-522646
8. SURABATHINA VEERANJANEYULU
ALIAS ANJAIAH, S/OVENKATESHWARLU, AGED ABOUT 48 YEARS,R/O- 2-88, VELPURU VILLAGE, SAVALYAPURAMMANDAL, PALNADU DISTRICT-522646
9. SURABATHINA HANUNNANTHA RAO, S/O YEDUKONDALU VENKAIAHAGED ABOUT 56 YEARS, R/O- 2-101, VELPURU VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT-522646
10.
SURABATHINA SIVA PRASAD ALIAS PRASAD, S/O NAGESWARA RAO,AGED ABOUT 34 YEARS, R/O- 2-131, VELPURU VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT-522646. 11. KALLURI NARAYANA, S/O VENKATESWARLU,AGED ABOUT 45 YEARS, R/O-2-85, VELPURU VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT-522646. 12. RAVI ANJAIAH ALIA V HARI NARASIMHA RAO, S/O KANAKAIAH, AGED ABOUT 50 YEARS, R/O- 7-63, VELPURU VILLAGESAVALYAPURAM MANDAL, PALNADU DISTRICT-522646
13. BELLA RAMA KRISHNA ALIAS KRISHNA, S/O SRINU,AGED ABOUT 42 YEARS, R/O-4-149, VELPURU VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT-522646. 14. MADALA ANJAIAH, S/O VENKAIAH,AGED ABOUT 44 YEARS, R/O- 4-123, VELPURU VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT-522646. 15. YALAVARTHI GOPI KRISHNA ALIAS
GOPI, S/O GOVINDAIAHGOVINDARAJULU, AGED ABOUT 22 YEARS, R/O-4- 108VELPURU VILLAGE, SAVALYAPURAM MANDAL,PALNADU DISTRICT-522646. 16. KALLURI VINAY KUMAR, S/O NARAYANA,AGED ABOUT 22 YEARS, R/O-2-85, VELPURU VILLAGE,SAVALYAPURAM MANDAL, PALNADU DISTRICT-522646. ...PETITIONER/ACCUSED(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC
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PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. BERINEDI THIRUPATHI RAO, S/O ROSAIAH,AGED ABOUT 25 YEARS,R/O.VELPUR VILLAGE, SAVALYAPURAM MANDALPALNADU DISTRICT, A.P-522646
...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 Courtpleased to quash the proceedings in crime No.61 OF 2024 on the file of SHO,P.S. Savalyapuram, and Palnadu District U/s143, 147, 148, 323, 324, r/w 149 I PC & SEC. 3(1 )(r), 3(1 )(s) & 3 (2) (va) of SC ST(POA) ACT against respondents/accused A1 to A16 and to pass IA NO: 1 OF 2026 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 pleased to dispense from filling certified copy of crime No.61 OF 2024 on the file of SHO,P.S. Savalyapuram, and Palnadu District U/s143, 147, 148, 323, 324, r/w 149 IPC & SEC.
3(1)(r), 3(1)(s) & 3 (2) (va) of SC ST(POA) ACT against respondents/accused A1 to A16 pending disposal of the main Criminal Petition and to pass IA NO: 2 OF 2026 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 pleased to permit the petitioner and respondents/accused 1 to 16 for compromise and to record the compromise and consequently quash the entire proceedings in crime No.61 OF 2024 on the file of SHO.P.S. Savalyapuram, and Palnadu District U/s143, 147, 148, 323, 324, r/w 149 IPC & SEC. 3(1 )(r), 3(1 )(s) & 3 (2) (va) of SC ST(POA) ACT against respondents/accused A1 to A16 in the interest of Justice and to pass IA NO: 3 OF 2026 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 pleased to record the compromise and consequently quash the entire proceedings in crime No.61 OF 2024 on the
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file of SHO.P.S. Savalyapuram, and Palnadu District U/s143, 147, 148, 323, 324, r/w 149 IPC & SEC. 3(1 )(r), 3(1 )(s) & 3 (2) (va) of SC ST(POA) ACT against respondents/accused A1 to A16 in the interest of Justice and to pass IA NO: 4 OF 2026 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 pleased to stay of all further proceedings in crime No.61 OF 2024 on the file of SHO,P.S. Savalyapuram, and Palnadu District U/s143, 147, 148, 323, 324, r/w 149 IPC & SEC. 3(1 )(r), 3(1 )(s) & 3 (2) (va) of SC ST(POA) ACT against respondents/accused A1 to A16 in the interest of Justice and to pass Counsel for the Petitioner/accused(S):
1. PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent/complainant(S):
1. JESTADI PRUDVI RAJU
2.
The Court made the following:
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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.2 and 3 of 2026 In/and CRIMINAL PETITION NO: 467/2026 COMMON ORDER:
The instant Criminal Petition under Section 528 Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for brevity the ‘BNSS’) has been filed, by the petitioners/accused Nos.1 to 16, seeking to quash the proceedings against them in Crime No. No.61 of 2024 registered for the offence punishable under Sections 143, 147, 148, 323, 324 read with 149 Indian Penal Code (for brevity ‘the IPC) and Section. 3(1 )(r), 3(1 )(s) & 3 (2) (va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity ‘ the SC ST(POA) Act’ on the file of Savalyapuram Police Station, and Palnadu District. 2. I.A. No. 2 of 2026 is filed by the petitioner/de-facto complainant seeking permission to permit the respondent No.2/de-facto complainant to compromise the matter with accused Nos.1 to 16 and consequently quash the entire proceedings in crime No.61 of 2024 on the file of Savalyapuram Police Station, Palnadu District U/s143, 147, 148, 323, 324, r/w 149 IPC and Section. 3(1 )(r), 3(1 )(s) & 3 (2) (va) of ‘the SC ST(POA) Act’. 3. I.A. No. 3 of 2026 is filed by the petitioner/de-facto complainant to record the compromise. I.A.No.3 of 2026 is accompanied with an affidavit filed by respondent No.2 and also joint memo signed by the petitioners and respondent No.2 with their respective counsels. In the Joint memo, it was
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mentioned that a compromise was affected in between the petitioners and respondent No.2 at the intervention of the elders. 4. Today, when the matter was taken up for hearing, the petitioner/accused Nos.1 to 16 and respondent No. 2/de-facto complainant were present before this Court. They produced their respective attested copies of Aadhar cards in proof of their identity, and the same were placed on record for proper identification. Both the learned counsel on record identified both the parties in open Court. 5. Ms. P.Akhila Naidu, learned Assistant Public Prosecutor for the State, reported no objection to record the compromise. 6.
This Court enquired the de-facto complainant regarding his willingness to enter into a compromise with the petitioners in the matter. He represented before the Court that he has no interest in proceeding with the case in Crime No.61 of 2024 on the file of Savalyapuram Police Station. Respondent No.2, upon being examined by the Court, submitted that he has no objection to the compromise and that the same has been entered into out of his free will and volition, in order to maintain good relations and harmony with the petitioners. Hence, the compromise arrived between the petitioners and respondent No.2 is recorded. 7. In view of the compromise and amicable settlement between the petitioner and respondent No.2, the continuation of criminal proceedings in Crime No.61 of 2024 on the file of Savalyapuram Police Station would serve
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no useful purpose and would amount to an abuse of the process of law, as the prosecution would not achieve any fruitful result by subjecting the parties to an arduous trial. 8. Considering the submissions and in the light of the judgment of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another1, since there is an amicable settlement between the parties, in the interest of justice, I.A. Nos. 2 and 3 of 2026 are allowed. 9. Consequently, the Criminal Petition is allowed, and the case against the accused persons in Cr.No.No.61 of 2024 registered for the alleged offence punishable under Section Sections 143, 147, 148, 323, 324 read with 149 Indian Penal Code and Section 3(1 )(r), 3(1 )(s) & 3 (2) (va) of ‘the SC ST(POA) Act’ on the file of Savalyapuram Police Station, and Palnadu District, is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ______________________________ Dr. Y. LAKSHMANA RAO, J Date : 28.01.2026 KKV
1 2012(10)SCC 303