APHC010236562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.3 and 4 of 2026 In&And CRIMINAL PETITION NO: 3718/2026 Between: 1. PARVATALA SARAN KUMAR, S/O ANJANEYULU. AGED ABOUT 32 YEARS,R/O D.NO 3-35, KORUKOLLU VILLAGE,KALIDINDI MANDAL,ELURU DISTRICT, A.P- 521343. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. INTI VENKATESH, S/O SATYA NARAYANA,AGED ABOUT 31 YEARS,R/O. D. NO 27-21/3,KRUPA COMPLEX, L B NAGAR COLONY,NEAR SAI VANI NIKETAN HIGH SCHOOL,NEREDMET,MALKAJGIRI MANDAL,MEDCHEL DISTRICT,TELANGANA STATE - 500056 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. KASHAPOGU SURESH Counsel for the Respondent/complainant(S): 2 Dr.YLR, J Crl.P.No.3718 of 2026 Dated 04.05.2026 1. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: Criminal Petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for brevity the ‘BNSS’) by the Petitioner/Accused, seeking to quash the proceedings against him in C.C.No.655 of 2025 on the file of the learned Special Judicial Magistrate of First Class (Excise) Court at Eluru registered for the alleged offence punishable under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’). 2. I.A.No.3 of 2026 is filed by the Petitioner/de-facto complainant/ Respondent No.2 seeking permission to compound the Respondent No.2/de- facto complainant to compromise the proceedings in C.C.No.655 of 2025 on the file of the learned Special Judicial Magistrate of First Class (Excise) Court at Eluru against Respondent/Accused. 3. I.A.No.4 of 2026 is filed by the Petitioner/de-facto complainant/ Respondent No.2 seeking to record compromise between the Petitioner/de- facto complainant and the Respondent/Accused as per the joint memo and quash the proceedings against them in C.C.No.655 of 2025 on the file of the learned Special Judicial Magistrate of First Class (Excise) Court at Eluru. 4. At the outset, the alleged offence under Section 106(1) is non- compoundable. Therefore, the question of permitting compromise and record the compromise of the case does not arise. Hence, I.A. Nos. 3 and 4 cannot 3 Dr.YLR, J Crl.P.No.3718 of 2026 Dated 04.05.2026 be considered in view of Section 320 of ‘the Cr.P.C’/Section 359 of ‘the BNSS’. 5. Further, in the peculiar circumstances of the case, namely that the Petitioner/Accused is the son of the deceased, Ammaji, it is evident that on 07.06.2025 at about 6:30 A.M., the Petitioner had taken his mother on his motorcycle bearing No. AP39AA4624. While they were proceeding towards Maheshwaram Village from Kalakurru Village, suddenly a dog came across the vehicle. In an attempt to avoid hitting the dog, the Petitioner accidentally lost control and fell on the road along with the motorcycle, resulting in the deceased sustaining severe bleeding head injuries. 6. Thereafter, with the assistance of L.W.1/Respondent No.2, the deceased was admitted to Andhra Hospital and later shifted to AIIMS Hospital, Mangalagiri, for better treatment. While undergoing treatment, the deceased succumbed to the injuries on 26.02.2025 at about 10:45 P.M. Respondent No.2/L.W.1 lodged a complaint before the police, which was registered as Crime No.187 of 2025 for the offence punishable under Section 106(1) of ‘the BNS’. 7. The relatives of the deceased were shown as witnesses in the charge sheet, and the daughter of the deceased was cited as L.W.5. The Petitioner/Accused and Respondent No.2, who is the brother-in-law of the Petitioner and the de facto complainant, are present before this Court. 4 Dr.YLR, J Crl.P.No.3718 of 2026 Dated 04.05.2026 Although the alleged offence is non-compoundable in nature, the peculiar facts and circumstances of the case deserve consideration. 8. Having regard to the facts and circumstances of the case, the relationship between the Petitioner, the de-facto complainant, and the deceased, as well as the manner in which the accident occurred, the proceedings pending on the file of the learned Special Judicial Magistrate of First Class (Excise) Court, Eluru, in C.C. No.655 of 2025 are liable to be quashed. 9. Today, when the matter was taken up for hearing, the Petitioner/Accused and Respondent No.2/de-facto complainant was 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. Sri A. Sai Rohith, learned Assistant Public Prosecutor for the State, reported no objection to record the compromise. 6. This Court enquired the de-facto complainant about his willingness to enter into a compromise in the matter. He represented before the Court that he has voluntarily come forward for the compromise. The de-facto complainant further represented that the case may be closed against the accused person, and he does not want to prosecute the matter against the Petitioner/Accused. 5 Dr.YLR, J Crl.P.No.3718 of 2026 Dated 04.05.2026 7. 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.3 and 4 of 2026 are allowed. 8. Consequently, Criminal Petition is allowed, and the proceedings against the Petitioners/Accused in C.C.No.655 of 2025 on the file of the learned Special Judicial Magistrate of First Class (Excise) Court at Eluru are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________ Dr. Y. LAKSHMANA RAO,J Date :04.05.2026 KMS 1 2012(10) SCC 303 6 Dr.YLR, J Crl.P.No.3718 of 2026 Dated 04.05.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3718 of 2026 Date: 04.05.2026 KMS