APHC010607722023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3548] THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA I.A.Nos.1 and 2 of 2026 IN/AND CRIMINAL PETITION NO: 9462/2023 Between: 1. KILARU VIJAYA PRASAD, S/O. LATE K. DHARMARAO, AGED ABOUT 66 YEARS, OCC LOCAL POLITICIAN, R/O. PORANKI VILLAGE, PENAMALURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 2. RAYAPATI VENKATA SIVA RAMA CHAND,, S/O. R. KOTAIAH, AGED ABOUT 49 YEARS, OCC EMPLOYEE, PRESENTLY RESIDING AT U.S.A., REP. BY G.P.A. HOLDER SMT. RAYAPATI SOWBHAGYA LAKSHMI W/O. LATE KOTAIAH, AGED ABOUT 69 YEARS, OCC HOUSE WIFE, R/O. PORANKI VILLAGE, PENAMALURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 3. KILARU RAJYA LAKSHMI, W/O. VIJAYA PRASAD, AGED ABOUT 60 YEARS, OCC HOUSE WIFE, R/O. PORANKI VILLAGE, PENAMALURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH 4. SMT. RAYAPATI SOWBHAGYA LAKSHMI, W/O. LATE KOTAIAH, AGED ABOUT 73 YEARS, OCC HOUSE WIFE, R/O. PORANKI VILLAGE, PENAMALURU MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. ITS SHO, CID, R.O., GUNTUR, THROUGH ITS STANDING COUNSEL FOR C.I.D. -CUM- SPL. P.P. AT HIGH COURT, NELAPADU, AMARAVATI. 2 2. SMT RAYAPATI VIJAYA SREE, W/O. P. MAHESWARA REDDY, AGED ABOUT 54 YEARS, R/O. 701, BLOCK-F, RANBOW VISTAS, MOOSA PET, HYDERABAD. RESPONDENT/COMPLAINANT THE ADDRESS FOR SER ...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 Court may be pleased to quash the impugned docket order in C.F.No.942 of 2023 in Cr.No.332 of 2018, of Penamaluru P.S., Vijayawada City (now in C.I.D., R.O., Guntur) passed by the IIIrd Additional Chief Metropolitan Magistrate Court, Vijayawada IA NO: 1 OF 2023 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 to dispense with the proceedings in pursuant to the docket order dated 01.05.2023 passed by the III Additional Chief Metropolitan Magistrate, Vijayawada in C.F.No.942 in Cr.No.332 of 2018, of Penamaluru P.S., Vijayawada City (now in C.I.D., R.O., Guntur) IA NO: 2 OF 2023 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 to stay of all further proceedings in pursuant to the docket order dated 01.05.2023 passed by the III Additional Chief Metropolitan Magistrate, Vijayawada in C.F.No.942 in Cr.No.332 of 2018, of Penamaluru P.S., Vijayawada City (now in C.I.D., R.O., Guntur) and pass IA NO: 1 OF 2024 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 to vacate the interim orders passed on 11-12- 2023 in IA No. 2 of 2023 in CRLP No. 9462 of 2023 and dismiss the Criminal Petition and 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 3 High Court may be pleased may be pleased to permit the 2nd Respondent/De-facto Complainant to compromise the matter with the Petitioners in the present Criminal Petition filed in relation to Crime No.332 of 2018 in on the file of the Penamaluru Police station and may be quash the docket order dated CF.No942 of 2023 in Crime No.332 of 2018 passed by the IlI rd Additional Chief Metropolitan Magistrate at Vijayawada and 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 may be pleased to permit the 2nd Respondent/De- facto Complainant to compromise the matter with the Petitioners in the present Criminal Petition filed in relation to Crime No.332 of 2018 in on the file of the Penamaluru Police station and may be quash the docket order dated CF.No942 of 2023 in Crime No.332 of 2018 passed by the IlI Additional Chief Metropolitan Magistrate at Vijayawada and pass Counsel for the Petitioner/accused(S): 1. SURYAM GANNAVARAPU Counsel for the Respondent/complainant(S): 1. N ASHWANI KUMAR 2. Y L SIVAKALPANA REDDY(SC CUM SPL PP,CID) The Court made the following: 4 ORDER: Heard Mr.S.M.Subhani, learned counsel representing Mr.Suryam Gannvarapu, learned counsel for the petitioners, and Mr.N.Ashwani Kumar, learned counsel for the respondent No.2/de facto complainant. 2. Both the learned counsel combinedly stated before this Court that the present Criminal Petition was initially filed seeking to quash the impugned docket order passed in C.F.No.942 of 2023 in Crime No.332 of 2018 of Penamaluru police Station, Vijayawada City (now in C.I.D., R.O., Guntur) by the III Additional Chief Metropolitan Magistrate, Vijayawada. 3. Both the learned counsel reported to the Court that a Joint Memo of Compromise is filed, which is signed by both the parties, and drawn the attention of this Court to paragraphs 2 to 4 of the Joint Memo detailing as to how the parties have entered into compromise. The said paragraphs read as follows: “2. It is submitted that after filing the above criminal petition, the Petitioners herein and the 2nd Respondent have amicably settled their disputes out of court and by discussing with the elders. Therefore, we deem it appropriate that the continuation of prosecution against the Petitioners/Accused Nos. 1 and 2 herein is unnecessary. 3. It is further submitted that, in pursuance of compliance with the terms and conditions of the aforesaid compromise, the 1st Petitioner herein has duly executed and caused to be registered a Gift Deed in favour of the daughter of the de facto complainant, namely, Ms. Roopaswini Pesara, conveying a residential house property bearing Door No.9-146, situated in R.S. No.453/1G, Ward No.2, Assessment No. 1192022696, Poranki Village, Penamaluru Mandal, Krishna District. The said conveyance has been effected under Registered Gift Deed No.2870 of 2026, dated 27.07.2026, in accordance with law. It is further submitted that the 3rd Petitioner herein, namely, Smt. Rayapati Sowbagya Lakshmi, has also executed an unregistered Will dated 27.07.2026, bequeathing in favour of the de facto complainant an extent of Ac.0.25 cents of agricultural land situated in Survey No.293/1B, Poranki Village, Penamaluru Mandal, Krishna District, in strict conformity with the terms and conditions mutually agreed upon under the compromise arrived at between the parties. Accordingly, the Petitioners have substantially performed and complied with their obligations under the settlement, thereby giving full effect to the compromise entered into between the parties. 4. It is submitted that the matter is settled out of the Court, and the 2nd Respondent herein is ready to withdraw the case against the Petitioners in the above-referred Criminal Petition. Therefore, in the 5 above-said circumstances, the docket order dated 01.05.2023 passed in CFR No.942 of 2023 in Crime No.332 of 2018 on the file of the Hon'ble III Additional Chief Metropolitan Magistrate, Vijayawada against the Petitioners and other accused persons, may be quashed. Petitioner No.2 died during pendency of this petition and his death certificate is enclosed. Petitioner No.4 is sick unable to sign and her left hand thumb is affixed.” 4. This Court has interacted with the parties, who are present before this Court as to whether they are ready for compromise, the parties readily accepted the terms of the Joint Memo of Compromise attested by them. 5. Taking into consideration the reasons mentioned in the Joint Memo and also the acceptance of the parties present before this Court, the impugned docket order in C.F.No.942 of 2023 in Crime No.332 of 2018 of Penamaluru police Station, Vijayawada City (now in C.I.D., R.O., Guntur) passed by III Additional Chief Metropolitan Magistrate, Vijayawada, is hereby quashed. 6. Resultantly, the Criminal Petition No.9462 of 2023 and I.A.Nos.1 and 2 of 2026 are allowed. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ___________________________ TUHIN KUMAR GEDELA, J Date : 30-07-2026 BMS