Katragadda Nandiyya, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 8109 AP

    THE HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

              CRIMINAL PETITON NO.8516 of 2022

ORDER:

The petitioners are arrayed as accused Nos.7, 12 to

17 and 19 & 20 in S.C.No.498 of 2019 before the Assistant

Sessions Judge-cum-Senior Civil Judge Court, Sattenapalli,

Palnadu District for offences under Sections 120-B, 109,147,148

& 307 read with 149 Indian Penal Code.

2. The ground on which charge against these accused

is that they had assaulted the De-facto complainant.

3. The De-facto Complainant is present today and is

identified by his counsel of Sri P. Paul. The De-facto Complainant

states that he is not sure whether these persons were part of the

group which assaulted him and in any event he is desirous of

withdrawing the complaint against the petitioners as there are

related to him and such a withdrawal would result in amity within

the family.

4. The learned Public Prosecutor had objected to the

case being quashed against the petitioners on the ground that a

partial quashing of the complaint would not be permissible under

law.

5. Sri. Srinivas Rao Narra, the learned counsel for the

petitioners relies upon the judgement of the Punjab & Haryana

High Court dated 18.07.2022 in CRM-M No.15850 of 2022 in the

case of Ankit & ors Vs. State of Haryana & anr, the judgment of

the Hon'ble High Court of Delhi at New Delhi delivered on

12.04.2022 in CRL.M.C.1741 of 2021 in the case of Sunil Tomar

Vs. The State of NCT of Delhi & anr and another judgment of the

Hon'ble High Court of Delhi at New Delhi dated 30.01.2018 in

Crl.M.C.No.3690 of 2016 in the case of Mrs. Poonam Krishna Vs

State and ors. In all these cases, the Hon'ble High Courts had

taken the view that partial quashing of complaints would be

permissible.

6. In view of the aforesaid judgments and in view of the

De-facto Complainant himself being desirous of dropping the

case against the petitioners, for the reasons set out by him, it

would be appropriate to quash S.C.No.498 of 2019 on the file of

Assistant Sessions Judge-cum-Senior Civil Judge Court,

Sattenapalli, Palnadu District against the petitioners herein alone,

the case would continue against remaining accused.

7. Accordingly, this Criminal Petition is partly allowed.

There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

_____________________________ JUSTICE R. RAGHUNANDAN RAO Date: 31.10.2022 TJN/BSM

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CRIMINAL PETITON NO.8516 of 2022

Date: 31.10.2022

TJN/BSM