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2026 DAILYLAW 7289 (AP)

OBLISETTY GANGARAJA KUMAR@ SEKHAR v. THE STATE OF ANDHRA PRADESH

CRLP/1949/2023 · 2026-08-05

Tuhin Kumar Gedela

body2026

Judgment text

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APHC010114562023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3548] THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA I.A.NOS.1 & 2 OF 2026 IN/AND CRIMINAL PETITION NO: 1949/2023 Between: 1. OBLISETTY GANGARAJA KUMAR@ SEKHAR, S/O.NARASIMHA RAO, MALE, HINDU, AGED 47 YEARS, R/O.DWARAKA TIRUMALA VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by it's Public Prosecutor, High Court at Amaravathi, Andhra Pradesh ...RESPONDENT/COMPLAINANT 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 pleased to quash the proceedings in C.C.No. 582 of 2022 and consequential cognizance order dated 26-11-2022 passed in CrI.MP.No.1145 of 2022 in Crime No.68 of 2021 on the file of the Court of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, Eluru District (formerly West Godavari District) against the Petitioner/Accused No.2 and pass 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 grant stay of all further proceedings in C.C.No. 582 of 2022 on the file of the Court of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, Eluru District (formerly West Godavari 2 District) including appearance of the petitioner, pending disposal of 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 High Court may be pleased may be pleased to permit the 2nd respondent to withdraw the complaint C.C.No. 582 of 2022 and consequential cognizance order dated 26-11-2022 passed in Crl.MP.No.1145 of 2022 in Crime No.68 of 2021 on the file of the Court of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, Eluru District (formerly West Godavari District) for the offences under Section 323 and 341 of IPC against the Petitioner/Accused No.2 in the interest of justice 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 compound the offences Sections 323 and 341 of IPC against the Petitioner/Accused No.2 and to quash the proceedings in C.C.No. 582 of 2022 and consequential cognizance order dated 26-11-2022 passed in Crl.MP.No.1145 of 2022 in Crime No.68 of 2021 on the file of the Court of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, Eluru District (formerly West Godavari District) in view of the compromise entered between the petitioner and the respondent No.2 in the interest of Justice and pass Counsel for the Petitioner/accused: 1. P DURGA PRASAD Counsel for the Respondent/complainant: 1. G V SHIVAJI 2. PUBLIC PROSECUTOR (AP) The Court made the following: 3 ORDER: Heard Mr. Allu Hari Narayana, learned counsel representing Mr. P. Durga Prasad, learned counsel for the petitioner, and Mr. D. Viswakanth Babu, learned counsel representing Mr. G.V. Shivaji, learned counsel for the respondent No.2/de facto complainant. 2. Through I.A.No.2 of 2026, the petitioner and de facto complainant/respondent No.2 have filed a Joint Memo, seeking permission of this Court to compound the offences punishable under Sections 323 and 341 of IPC, inter alia to quash the proceedings in C.C.No.582 of 2022 on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, Eluru District. 3. This Court, without going into the merits of the case, notes that both the offences which are levelled against the petitioner/accused No.2 for the offences under Section 341, 323, 307 and 506(2) of IPC are compoundable. 4. In the Joint Memo, the parties have set out the circumstances under which they arrived at the compromise. The paragraph Nos.3 and 4 of the Joint Memo read as follows: “3. It is humbly submitted that consequent to filing the final report by the police under Sec. 173 of Cr.PC., the 2nd respondent herein filed a Protest Petition vide Crl.MP.No.1145 of 2022 in Cr.No.68/2022 on the file of the Court of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, West Godavari District and the learned Magistrate took cognizance vide docket order dated 26-11-2022 against the petitioner and Al for the offence under Sec.323 and 341 of IPC. It is humbly submitted that questioning the proceedings in CC.No.582 of 2022 and consequential cognizance order dated 26-11-2022 passed in Crl.MP. No.1145 of 2022 in Crime No.68 of 2021 on the file of the Court of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, Eluru District (formerly West Godavari District), the 4 Petitioner/Accused No.2 filed the present Crl.P.No.1949 of 2023 and the said case is pending adjudication. It is humbly submitted that during the pendency of the present Crl.P.No. 1949 of 2023, with the intervention of elders/well- wishers, the Petitioner/Accused No.2 and the 2nd respondent/defacto- complainant have amicably settled all their disputes and differences in respect of the subject matter of the above case and have entered into a compromise voluntarily without coercion or undue influence. 4. It is humbly submitted that in terms of the said settlement, the 2nd respondent/defacto complainant has no subsisting grievance against the petitioner/Accused No.2 and does not wish to pursue the criminal proceedings any further and has no objection for closing the present Criminal Petition by quashing the proceedings in C.C.No. 582 of 2022 and consequential cognizance order dated 26-11-2022 passed in Crl.MP.No.1145 of 2022 in Crime No.68 of 2021 on the file of the Court of the Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, Eluru District (formerly West Godavari District) against the Petitioner/Accused No.2. It is humbly submitted that taking into consideration the social status and also the future of the both the parties may be pleased to compound the offence under Sections 323 and 341 of IPC against the petitioner/Accused No.2 and permit the 2nd respondent to withdraw the complaint given by him by recording the compromise between the parties, otherwise they will suffer irreparable loss and hardship”. 5. Taking into consideration the Joint memo executed by both the parties and the fact that the petitioner and respondent No.2 were present before this Court, this Court interacted with them and they stated that they had voluntarily executed the Joint Memo. Since the offences are compoundable, this Court is inclined to quash the proceedings in C.C.No.582 of 2022 on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, Eluru District. 6. In view of the reasons mentioned in the Joint Memo and also the acceptance of the parties present before this Court, the case against the Petitioner/Accused No.2 in C.C.No.582 of 2022 on the file of the learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Bhimadole, Eluru District, is hereby quashed. 5 7. Resultantly, the Criminal Petition No.1949 of 2023 and I.A.Nos.1 and 2 of 2026 are allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________ TUHIN KUMAR GEDELA, J Date: 06.08.2026 KNN 6 60 THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA CRIMINAL PETITION NO: 1949 of 2023 Date:06.08.2026 KNN