Kodamanchili Raja Kumar, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 7479 AP

Andhra Pradesh High Court - Amravati

Kodamanchili Raja Kumar, vs The State Of Andhra Pradesh, on 21 August, 2024

   APHC010350922024

                      IN THE HIGH COURT OF ANDHRA
                          PRADESH AT AMARAVATI            [3368]
                        (Special Original Jurisdiction)

      WEDNESDAY, THE TWENTY FIRST DAY OF AUGUST
           TWO THOUSAND AND TWENTY FOUR

                              PRESENT

      THE HON'BLE SRI JUSTICE B V L N CHAKRAVARTHI

                 CRIMINAL PETITION NO: 5648/2024

   Between:

   Kodamanchili Raja Kumar, and ...PETITIONER/ACCUSED(S)
   Others

                                 AND

   The State Of Andhra       ...RESPONDENT/COMPLAINANT(S)
   Pradesh and Others

   Counsel for the Petitioner/accused(S):

      1. RAMINENI SATISH BABU

   Counsel for the Respondent/complainant(S):

      1. S BALA MOHAN RANGA

      2. PUBLIC PROSECUTOR

The Court made the following:

COMMON ORDER:

IA Nos.1 and 2 of 2024 in/and Criminal Petition No:5648 of 2024

This Criminal Petition, under Section 482 Cr.P.C., has been

filed on behalf of the petitioners herein/Accused Nos.1 and 2, to

quash the proceedings in C.C.No.442 of 2022 on the file of the

learned Addl.Judicial Magistrate of First Class, Palakol, West

Godavari District.

2. Heard learned counsel for the petitioners and learned

counsel representing for the unofficial respondent No.2 (defacto-

complainant) and learned Assistant Public Prosecutor

representing the State present.

3. Today, when the matter is taken up, petitioners

herein/Accused No.2 and 2nd respondent herein are present

before this Court. The petitioner/Accused No.1 appeared through

V.C., who is permitted to appear through V.C., as he is residing in

Dubai of United Arab Emirtates, and accordingly, the petitioner/

A-1 appeared through V.C. and the petitioner/A-1 is identified by

the defacto-complainant as well as by the police. The

petitioner/A-2 and 2nd respondent produced their respective

Aadhaar 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 she categorically

stated to that extent that she has voluntarily entered into

compromise with the petitioners herein/Accused Nos.1 and 2.

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.

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 C.C.No.442 of 2022 on the file of the learned

Addl.Judicial Magistrate of First Class, Palakol, West Godavari

District, against the petitioners herein/ Accused Nos.1 and 2 is

hereby quashed.

6. Accordingly, I.A.Nos.1 and 2 of 2024 and Criminal Petition

No.5648 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


21st August, 2024.
psk



Note: C.C. by 22.08.2024

B/o.                psk.




    2012 (9) Scale 257

THE HON'BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

I.A Nos.1 and 2 of 2024 in/and Criminal Petition No:5648 of 2024

Note: C.C. by 22.08.2024

B/o. psk.

21st August, 2024

psk