Andhra Pradesh High Court - Amravati
Abdul Nazar Mohammad vs The State Of Andhra Pradesh on 19 August, 2024
APHC010341382024 IN THE HIGH COURT OF ANDHRA
PRADESH
AT AMARAVATI [3368]
(Special Original Jurisdiction)
MONDAY ,THE NINETEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL PETITION NO: 5502/2024
Between:
1. ABDUL NAZAR MOHAMMAD, S/O ABDUL KHADAR
SHAIK, AGED ABOUT 41 YEARS, OCC BUSINESS,
RESIDENT OF D.NO.2-4-8/3, MOLLA STREET, 4TH
WARD, NEAR MARKET, PONNUR TOWN AND MANDAL,
GUNTUR DISTRICT.
2. SHAIK JAFFAR @ MD JAFFAR, S/O SHAIK ABDUL
KHADER, AGED ABOUT 37 YEARS, OCC BUSINESS,
RESIDENT OF D.NO.2-4-8/3, MOIIA STREET, 4TH
WARD, NEAR MARKET, PONNUR TOWN AND MANDAL,
GUNTUR DISTRICT.
3. SHAIK ABBAS, S/O SHAIK BAJI, AGED ABOUT 38
YEARS, OCC BUSINESS, RESIDENT OF D.NO.3-6-7,
DUFFPET, 5TH WARD, PONNUR TOWN, GUNTUR
DISTRICT.
4. PATTAN SUBHANI @ SK SUBHANI, S/O PATTAN
BASHA, AGED ABOUT 23 YEARS, OCC BUSINESS,
RESIDENT OF D.NO.5-25-6/1, RAILPETA, STATION
ROAD, 9TH WARD, PONNUR TOWN AND MANDAL,
GUNTUR DISTRICT.
5. SHAIK GOUSE BASHA, S/O JAKIR BASHA, AGED
ABOUT 25 YEARS, OCC BUSINESS, RESIDENT OF
D.NO. 15-8-20/2, ISLAMPETA, 20TH WARD,
ISLAMPETA, PONNUR TOWN AND MANDAL, GUNTUR
DISTRICT.
6. AZHARUDDIN SHAIK @ SK HAZOOR, S/O KHAJA
MOHIDDEN SHAIK, AGED ABOUT 37 YEARS, OCC
BUSINESS, RESIDENT OF D.NO.23-4-14, NEAR
2
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Crl.P.No.5502 of 2024
TUKARAM RICE MILL, 29TH WARD, PONNUR MANDAL,
GUNTUR DISTRICT.
7. SALMANI SHAIK, S/O MAHABOOB SUBHANI, AGED
ABOUT 37 YEARS, OCC BUSINESS, RESIDENT OF
D.NO.24-5-22, SHAROOF BAZAAR, DABA BADI
STREET, PONNUR TOWN AND MANDAL, GUNTUR
DISTRICT.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS
PUBLIC PROSECUTOR, HIGH COURT OF A.P AT
AMARAVATHI.
2. SHAIK MAHAMMAD MAMU, S/O KHAZAVALI, AGED
ABOUT 39 YEARS, OCC BUSINESS, RESIDENT OF
D.NO.SALEHA APARTMENT, OPP TO TUKARAM RICE
MILL, SHARAFF BAZAR, PONNUR TOWN AND
MANDAL, GUNTUR DISTRICT
...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused(S):
1. VUTUPALLI RAJANNA
Counsel for the Respondent/complainant(S):
1. KUMARA RATNAM TENNETI
2. PUBLIC PROSECUTOR
The Court made the following:
IA Nos.2 and 3 of 2024
in/and
Criminal Petition No.5502 of 2024
COMMON ORDER:
This Criminal Petition is filed by the petitioners/A.1 to A.7,
under Section 482 of Code of Criminal Procedure, 1973, seeking
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to quash the proceedings in Crime No.55 of 2024 on the file of
Ponnuur Town Police Station.
2. Sri Vutupalli Rajanna, learned counsel for the petitioners
and Sri Kummara Ratnam Tenneti, learned counsel representing
for the unofficial respondent No.2 (defacto-complainant) and
Sri.A.Rohit, learned Assistant Public Prosecutor representing the
State are present.
3. Today, when the matter is taken up, petitioners
herein/Accused Nos.1 to 7 and 2nd respondent herein are
present before this Court. They produced their respective aadhar
cards in proof of their identity. Learned counsel for the
petitioners and the learned counsel for 2nd respondent have
identified both the parties in the open Court.
4. This Court has questioned 2nd respondent herein/de facto
complainant with regard to compromise, and he categorically
stated to that extent that he has voluntarily entered into
compromise with the petitioners herein/Accused Nos.1 to 7.
This Court is satisfied with the identification of the parties and
voluntariness in arriving at the compromise. In view of the
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compromise between the parties, the chances of conviction are
remote and bleak.
5. In the light of judgment of the Hon'ble Apex Court in the
case of Gian Singh v. State of Punjab & another1, on quashing
of criminal case, when the parties entered into settlement and
compromise, the Criminal Petition is allowed and therefore, the
case proceedings in Crime No.55 of 2024 on the file of Ponnuru
Town Police Station, against the petitioners herein/ Accused
Nos.1 to 7 are hereby quashed.
6. Accordingly, I.A.Nos.2 and 3 of 2024 and Criminal Petition
No.5502 of 2024 are allowed.
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Criminal Petition shall stand closed.
____________________ _
B.V.L.N.CHAKRAVARTHI, J
Dt. 19.08.2024
SAB
2012 (9) Scale 257
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HON'BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
I.A Nos.2 and 3 of 2024
in/and
Criminal Petition No.5502 of 2024
Dt.19-08-2024
SAB
