Extracted from the PDF above. The PDF is authoritative.
APHC010176712025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 438/2025 Between:
1. SHAIK JAKEER, S/O. ABDUL GAFFA, AGED 49 YEARS,RESIDENTS OF OPPOSITE TO ANDHRA BANK, PULIVENDULA ROAD, VEMPALLI TOWN, YSR DISTRICT. 2. SHAIK GHOUSO BABA,, S/O. FAKRUDDIN, AGED 28 YEARS.,RESIDENTS OF OPPOSITE TO ANDHRA BANK, PULIVENDULA ROAD, VEMPALLI TOWN, YSR DISTRICT. 3. SHAIK ABDUL WAHEEJ ALIAS ABBU,, S/O. FAKRUDDIN, AGED 24 YEARS. (A4) RESIDENTS OF OPPOSITE TO ANDHRA BANK, PULIVENDULA ROAD, VEMPALLI TOWN, YSR DISTRICT. 4. SHAIK ABDUL SUBHAN,, S/O. FAKRUDDIN, AGED 22 YEARS,RESIDENTS OF OPPOSITE TO ANDHRA BANK, PULIVENDULA ROAD, VEMPALLI TOWN, YSR DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, rep., by its Public Prosecutor, High Court at Amaravati. ...RESPONDENT Counsel for the Petitioner(S):
1. V R REDDY KOVVURI
2. Counsel for the Respondent:
1. PUBLIC PROSECUTOR
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2. KURAVATI LENIN BABU The Court made the following: ORDER:
Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor. Perused the material available on record. 2. P.Ws.2 and 3/Respondent Nos.2 and 3, as well as the Petitioners/Accused Nos.2 to 5, appeared before this Court and jointly expressed their desire to amicably resolve the disputes subsisting between them, which, inter alia, related to certain immovable properties. In view of the consensus arrived at between the parties and with a view to facilitating an amicable settlement of their inter se disputes, this Court appointed Sri Siva Nagarjuna Sidhadapu, learned Counsel, as Mediator. 3. Pursuant thereto, mediation proceedings were conducted in the presence of all concerned parties, culminating in a mutually agreed settlement. The learned Mediator has submitted his report before this Court, duly incorporating the terms of settlement and bearing the signatures of all the parties, thereby evidencing their voluntary consent and acceptance of the settlement arrived at during the mediation process. 4.
The offence under Section 307 of ‘the I.P.C.,’ is non-compoundable as per Section 320 of ‘the Cr.P.C.,’ however, the Hon’ble Apex Court in Ramawatar v. State of M.P1 held that the Hon’ble Apex Court under Article 142 of the Constitution of India or this Court under 482 of ‘the Cr.P.C.,’ in order to do complete justice in appropriate cases having due regard to the nature of
1(2022) 13 SCC 635
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the offence and the fact that the victim/complainant willing entered into a settlement/compromise can quash the proceedings in respective of their constitutional/inherent powers by relying on a decision of the Hon’ble Apex Court in Surendra Nath Mohanty v. State of Orissa2. 5. In view of the mediator’s report, the Criminal Revision Case is disposed of as compromised. Consequently, the conviction and sentence passed by the learned III Additional Assistant Sessions Judge Court, Kadapa, in S.C.No.22 of 2017, dated 04.10.2019, as confirmed in Crl.A.No.228 of 2019, dated 28.02.2024, by the learned Special Sessions Judge for Trial of Offences Against Woman-cum-VII Additional District & Sessions Judge, Kadapa, are set aside, as a result, the Petitioners are acquitted under Section 320(8) of ‘the Cr.P.C.’
6. It is made clear that the settlement recorded before the learned Mediator and reflected in the Mediation Report shall be scrupulously adhered to by the Petitioners. In the event of any breach, violation, or non-compliance with any of the terms and conditions embodied therein, the benefit extended under the present order shall stand withdrawn, and the proceedings in Crl.R.C.No.438 of 2025 shall automatically stand revived for consideration in accordance with law, without requiring any further orders from this Court. 7. The fee of the learned Mediator is quantified at Rs.10,000/-, payable by the Petitioners. Learned counsel appearing for the Petitioners submits that the aforesaid mediator’s fee has already been duly paid to the learned Mediator. 2(1999) 5 SCC 238
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Accordingly, the said submission is placed on record. There shall be no order as to costs.
As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dt: 05.08.2026 VTS