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2026 DAILYLAW 16249 (AP)

MULKALURI PADMAVATHI v. THE STATE OF ANDHRA PRADESH

CRLP/671/2024 · 2026-02-26

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010054232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.1 and 2 of 2025 in/and CRIMINAL PETITION NO: 671/2024 Between: 1. MULKALURI PADMAVATHI, W/O. SRINIVASA RAO, AGED ABOUT 56 YEARS, R/O. D.NO.3-33-102, NGO COLONY, NARASARAPETA, GUNTUR DISTRICT. 2. K.SUJATHA,, W/O. VENKATESH AGED ABOUT 39 YEARS, R/O. D.N0.59A-8/9-1/1, FLOOR, FLAT NO.24, MARUTHI CO-OPERATIVE COLONY, VIJAYAWADA, NTR DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY PUBLIC PROSECUTOR, HIGH COURT, AMARAVATHI. 2. NALLURI RAMA KRISHNA, S/O. LATE. KOTESWARA RAO, R/O.NO.24-12-1, FLAT NO.F-1, SEKHAR TOWERS, WAEAERS COLONY, MARKET ROAD, RAJAHMUNDRY, EAST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. MOHAMMAD GHALIB SHAHID Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2 2. ANNAM NANCHARAIAH The Court made the following: ORDER: These two Interlocutory Applications and the Criminal Petition are heard and disposed of by this common order. 2. The Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘BNSS’) by the Petitioners/Accused Nos.5 and 6, seeking to quash the proceedings against them in C.C.No.477 of 2023 on the file of the learned I Additional Metropolitan Magistrate, Vijayawada, Krishna District for the alleged offences punishable under Sections 420, 464, 465, 467, 468, 471 and 120- B read with 34 of the Indian Penal Code, 1860 (for brevity, ‘the I.P.C’). 3. I.A.No.1 of 2025 is filed by Respondent No.2/de-facto complainant seeking permission to compromise the matter with the Petitioners/Accused Nos.5 and 6 and to compound the offences. 4. I.A.No.2 of 2025 is filed by Respondent No.2 seeking recording of the compromise between Respondent No.2 and the Petitioners/Accused Nos.5 and 6. In the said application, a joint memo has been filed duly signed by the parties and counter-signed by their learned counsel. 5. As per the joint memo, the de-facto complainant initially lodged a complaint before Suryaraopet Police Station, Krishna District, against the present Petitioners (Accused Nos.5 and 6) and four others. Based on the said complaint, the Respondent police registered FIR in Crime No.417 of 2021 dated 21.11.2021 for the offences punishable under Sections 420, 464, 465, 3 467, 468, 471 and 120-B read with Section 34 of ‘the I.P.C’. After completion of investigation, the respondent police filed a charge sheet, and the same is now pending trial in C.C.No.477 of 2023 on the file of the learned I Additional Metropolitan Magistrate, Vijayawada. 6. It is submitted that, owing to the chronic health issues of the 1st petitioner and by the intervention of elders, the de-facto complainant and the Petitioners have amicably settled the matter out of Court. The dispute pertains to property and is stated to be civil in nature. The de-facto complainant has expressed his intention to withdraw the complaint against Accused Nos.5 and 6 and has filed a separate affidavit stating that he has no objection to quashing of the proceedings. 7. It is further submitted that the GPA holder of Respondent No.2 is undergoing dialysis and Respondent No.2 is an aged person. The learned counsel for the Petitioners also submits that Petitioner No.1 is not keeping good health. 8. Ms.P.Akhila Naidu, learned Assistant Public Prosecutor for the State, and Mr. Annam Nancharaiah, learned counsel for Respondent No.2, have reported no objection to recording the compromise. 9. 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.1 & 2 of 2025 are allowed. 1 2012(10)SCC 303 4 10. In view of the compromise and considering the facts and circumstances of the case, the Criminal Petition is allowed, and the proceedings in C.C.No.477 of 2023 on the file of the learned I Additional Metropolitan Magistrate, Vijayawada, Krishna District, in respect of Petitioners/Accused Nos.5 and 6, are hereby quashed. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 27.02.2026 PRA 5 101 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.1 and 2 of 2025 in/and CRIMINAL PETITION NO: 671/2024 Date: 27.02.2026 PRA