Andhra Pradesh High Court - Amravati
Shaik Mohammad Mamu vs The State Of Andhra Pradesh on 19 August, 2024
APHC010342572024 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: 5507/2024
Between:
1. SHAIK MOHAMMAD @ MAMU, S/O KHAZARVALI SHAIK,
AGED ABOUT 39 YEARS, OCC BUSINESS, RESIDENT
OF D.NO.21-6-19/58, GAJULAPALEM, PONNUR TOWN
AND MANDAL, GUNTUR DISTRICT.
2. . MOHAMMAD ABDUL MAHAMOOD @ MOHAMMED, S/O
M.A.RABBANI, AGED ABOUT 39 YEARS, OCC
BUSINESS, RESIDENT OF D.NO.21-6-59/1,
GAJULAPALEM, PONNUR TOWN AND MANDAL,
GUNTUR DISTRICT.
3. SHAIK SHOWKAT @ GOLD SHOP SHOWKATH, S/O
LATE SHAIK ALI, AGED ABOUT 33 YEARS, OCC
BUSINESS, RESIDENT OF D.NO.22-10-6, ITIKAMPADU
ROAD, PONNUR TOWN, GUNTUR DISTRICT.
4. SHAIK MOOMINU BASHA @ RABBANI @ ARATI,, S/O
MOHAMUD SUBHANI, AGED ABOUT 33 YEARS.
RESIDENT OF H.NO.25-13-7/8, ITIKAMPADU ROAD,
PONNUR TOWN AND MANDAL, GUNTUR DISTRICT.
5. SHAIK MAHABUB SUBHANI @ RAHAMAN @ APOOT,,
S/O SHAIK AMEER JANI, OCC BUSINESS, RESIDENT
OF D.NO.21-1-9/2, APJ ABDUL KALAM ROAD, PONNUR
TOWN AND MANDAL, GUNTUR DISTRICT.
6. SHAIK ANNA KASIM @ NANNA KHASIM, S/O GOKARBE
BI, AGED ABOUT 23 YEARS, OCC BUSINESS,
RESIDENT OF D.NO.5-7-3, CABINPETA, NIDUBROLU,
PONNUR MANDAL, GUNTUR DISTRICT.
7. SHAIK RAHAMAN @ SUBHANI @ LALA, S/O SHAIK
MASTHAN, AGED ABOUT 29 YEARS, OCC BUSINESS,
2
BVLNC,J
Crl.P.No.5507 of 2024
RESIDENT OF D.NO.20-19-15, 27TH WARD,
ITIKAMPADU ROAD, 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 JAFFAR, S/O ABDUL KHADER, AGED ABOUT 37
YEARS, OCC BUSINESS, RESIDENT OF D.NO.2-4-8/3,
MOLLAVARI STREET, 4TH WARD, DUFFPETA,
PONNUR TOWN AND MANDAL,
...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused(S):
1. KUMARA RATNAM TENNETI
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2. VUTUPALLI RAJANNA
The Court made the following:
IA Nos.2 and 3 of 2024
in/and
Criminal Petition No.5507 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
to quash the proceedings in Crime No.54 of 2024 on the file of
Ponnuur Town Police Station.
BVLNC,J
2. Sri Kummara Ratnam Tenneti, learned counsel for the
petitioners and Sri Vutupalli Rajanna, 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
compromise between the parties, the chances of conviction are
remote and bleak.
BVLNC,J
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.54 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.5507 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
BVLNC,J
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
