::1:: APHC010374192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 6082 OF 2026 Between: 1. Challagulla Ravi Babu, S/o. Ranga Rao, aged 52 years, R/o. 1- 37,Kammavari Street, Near Ramalayam Temple, KalarayanagudemVillage, Lingapalem Mandal, Eluru Godavari District, AndhraPradesh. 2. Challagulla Suribabu, S/o. Suribabu, aged 49 years, R/o. H. No. 2-1,Kalarayanagudem Village, Lingapalem Mandal, Eluru GodavariDistrict, Andhra Pradesh. 3. Challagulla Raghu Babu, S/o. Satyanarayana, aged 46 years, R/o.H. No. 1-99, Ramalayam Street, Ward No. 2, KalarayanagudemVillage, Lingapalem Mandal, Eluru Godavari District, AndhraPradesh. 4. Challagulla Satyanarayana, S/o. Bhushaiah, aged 69 years, R/o. H.No. 2-45, Kalarayanagudem Village, Lingapalem Mandal, Eluru Godavari District, Andhra Pradesh. ...Petitioners AND ::2:: 1. The State of Andhra Pradesh, represented by its Public Prosecutor,High Court of Andhra Pradesh, High Court Buildings at Nelapadu,Guntur District, Andhra Pradesh. SHO, Dharmajigudem PoliceStation, Eluru District. 2. Challagulla Vayunandana Prasad, S/o. Bapineedu, aged 49 yearsR/o. H. No. 1-79, Kalarayanagudem Village, Lingapalem MandalEluru Godavari District, Andhra Pradesh. ...Respondents 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 Courtpleased to call for the records relating to and in connection with Crime No. 230/2024 dated 12.12.2024 on the file of the SHO, Dharmajigudem Police Station, Eluru District, Andhra Pradesh and to quash the same by recording the compromise and pass s 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 pleased to dispense with certified copy of Crime No. 230/2024, dated 12.12.2024 on the file of SHO, Dharmajigudem Police Station, Eluru District, Andhra Pradesh before this Hon’ble Court 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 leased to stay of all further proceedings in Crime No. 230/2024 dated 12.12.2024 on the ::3:: file of the SHO, Dharmajigudem Police Station, Eluru District, Andhra Pradesh and pass IA NO: 3 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 pleased to record the compromise entered into between the petitioner and the complainant in relation to Crime No. 230/2024 of SHO, Dharmajigudem Police Station, Eluru District, Andhra Pradesh by allowing the petitioner to compound the offense(s) alleged therein and consequently discharge the petitioners by quashing the same and pass IA NO: 4 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 pleased to quash the crime in Crime No. 230/2024 on the file of the SHO, Dharmajigudem Police Station, Eluru District, Andhra Pradesh, by permitting the petitioner and the respondents to compound the offence on the basis of the compromise arrived at between the parties, and to pass Counsel for the Petitioners: V SAI KUMAR Counsel for the Respondents: PUBLIC PROSECUTOR ::4:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM IA Nos.3 and 4 OF 2026 in/and Criminal Petition No:6082 OF 2026 COMMON ORDER: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein (A1 to A4), seeking to quash the proceedings in FIR in Crime No.230 of 2024 of Dharmajigudem Police Station, Eluru District, for the offences punishable under Sections 126(2), 109(1), read with 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. It is represented that both the parties have settled the dispute amicably out of the Court at the intervention of their elders and well- wishers. In view of the settlement arrived between both the parties, they filed IA Nos.3 and 4 of 2026 seeking to permit them to compound the offences and to record the compromise. 3. It is stated by the 2nd respondent-de facto complainant in the affidavit filed in support of IA No.3 of 2026 that as per the advice of the well-wishers and family elders of both sides, he compromised the matter. He further stated in the affidavit that there is no coercion, force or misrepresentation from anybody in giving the said affidavit ::5:: or in compounding the present case and out of his free will and wish, he was giving the affidavit. 4. Pursuant to the Order of this Court dated 10.08.2026, Registrar (Judicial), High Court of Andhra Pradesh submitted a Report dated 10.08.2026, wherein it is stated that the learned counsel for the petitioners and the learned counsel for 2nd respondent identified their parties before him and the parties have produced their respective Aadhaar cards in proof of their identity. It is further submitted that when the Registrar (Judicial) questioned the 2nd respondent/de facto complainant with regard to the compromise, he categorically stated that he had voluntarily entered into a compromise with the petitioners herein and that there was no threat, coercion, or undue influence in arriving at the compromise. 5. Heard learned counsel for the petitioners, learned counsel for respondent No.2 and learned Assistant Public Prosecutor appearing on behalf of respondent-State. 6. In State of M.P. V. Laxmi Narayan1, after perceiving the well- established principles, the Hon’ble Supreme Court held as under: 1 (2019) 5 SCC 688 ::6:: “15. Considering the law on the point and the other decisions of this Court on the point, referred to hereinabove, it is observed and held as under: 15.1. That the power conferred under Section 482 of the Code to quash the criminal proceedings for the non- compoundable offences under Section 320 of the Code can be exercised having overwhelmingly and predominantly the civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes and when the parties have resolved the entire dispute amongst themselves; 15.2. Such power is not to be exercised in those prosecutions which involved heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society; 15.3. Similarly, such power is not to be exercised for the offences under the special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender; 15.4. Offences under Section 307 IPC and the Arms Act, etc. would fall in the category of heinous and serious offences and therefore are to be treated as crime against the society and not against the individual alone, and therefore, the criminal proceedings for the offence under Section 307 IPC and/or the Arms Act, etc. which have a serious impact on the society cannot be quashed in exercise of powers under Section 482 of the Code, on the ::7:: ground that the parties have resolved their entire dispute amongst themselves. However, the High Court would not rest its decision merely because there is a mention of Section 307 IPC in the FIR or the charge is framed under this provision. It would be open to the High Court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or the prosecution has collected sufficient evidence, which if proved, would lead to framing the charge under Section 307 IPC. For this purpose, it would be open to the High Court to go by the nature of injury sustained, whether such injury is inflicted on the vital/delicate parts of the body, nature of weapons used, etc. However, such an exercise by the High Court would be permissible only after the evidence is collected after investigation and the charge-sheet is filed/charge is framed and/or during the trial. Such exercise is not permissible when the matter is still under investigation. Therefore, the ultimate conclusion in paras 29.6 and 29.7 of the decision of this Court in Narinder Singh’2 should be read harmoniously and to be read as a whole and in the circumstances stated hereinabove; 15.5.3 While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impact on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise, etc.” 2 [Narinder Singh v. State of Punjab, (2014) 6 SCC 466 : (2014) 3 SCC (Cri) 54] 3 [Ed.: Para 15.5 corrected vide Official Corrigendum No. F.3/Ed.B.J./22/2019 dated 3-4-2019.]. ::8:: 7. ::8:: 7. In this context, Apex Court, by reiterating the principles in Ram Gopal Vs. State of M.P.4, in its vivid terms expressed as under: 19. We thus, sum up and hold that as opposed to Section 320 Cr.P.C where the Court is squarely guided by the compromise between the parties in respect of offences compoundable within the statutory framework the extraordinary power enjoined upon a High Court under Section 482 Cr.P.C or vested in this Court under Article 142 of Constitution, can be invoked beyond the metes and bounds of Section 320 Cr.P.C. Nonetheless, we reiterate that such powers of wide amplitude ought to be exercise carefully in the context of quashing criminal proceedings bearing in mind: 19.1. Nature and effect of the offence on the conscience of the society; 19.2 Seriousness of injury, if any; 19.3 Voluntary nature of compromise between the accused and the victim; and 19.4 Conduct of the accused persons, prior to and after the occurrence of the purported offence and/or other relevant considerations.” 8. Recently, Hon’ble Supreme Court in Naushey Ali and Others Vs. State of Uttar Pradesh and Another5, by dealing with law on the subject, in its clear words affirmed the above principles. 9. On a perusal of the Report dated 10.08.2026, this Court is satisfied with the identification of the parties and voluntariness in 4 2024 (14) SCC 531 5 (2025) 4 SCC 78 ::9:: arriving at the compromise. Report dated 10.08.2026 is made part of the record. 10. Today, when the case is called, both the parties are present before this Court. Learned counsel for the petitioners and the learned counsel for the 2nd respondent identified both the parties in the open Court. This Court questioned the de facto complainant with regard to compromise, and he has categorically stated that he has voluntarily entered into compromise with the petitioners herein. It is apt to note that all the petitioners and 2nd respondent are close blood relatives. It is also brought to this Court that A1 i.e., Challagulla Ravi Babu’s wife Smt. Challagulla Dhanalakshmi instituted a suit in O.S.No.57 of 2017 on the file of Family Court-cum-VII Additional District Judge, Eluru against de-facto complainant/2nd respondent herein. Now the parties are inclined to withdraw the said suit also. 11. Keeping in view the overall facts and circumstances of the case, coupled with the nature of the offences, as no adverse antecedents or conduct was found against the accused, the parties on their free will and volition, willingly to put a quietus to all their disputes, which will advance peace and harmony among the parties. More so, the cause of administration of the criminal justice system would remain unaffected. ::10:: 12. As such, this Court is inclined to invoke its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 482 Cr.P.C., in the present lis, this Criminal Petition is allowed, and proceedings in FIR in Crime No.230 of 2024 of Dharmajigudem Police Station, Eluru District are hereby quashed. 13. Accordingly, I.A.Nos.3 and 4 of 2026 and Criminal Petition No.6082 of 2026 are allowed. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 24.08.2026 krk ::11:: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM IA Nos.3 and 4 OF 2026 in/and Criminal Petition No:6082 OF 2026 Date: 24.08.2026 krk