Andhra Pradesh High Court - Amravati

Pemmasani Sridhar vs Burle Karunasri on 7 November, 2024

        IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
               THURSDAY ,THE SEVENTH DAY OF NOVEMBER
                    TWO THOUSAND AND TWENTY FOUR

                                    PRESENT



            THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR

                               I.A.No. 3 OF 2024

                                    IN/AND

                CmMjNAL. REVISION CASE NO: 752 OF 2024
 Between:


       Pemmasani Sridhar, S/o.Ramesh Babu, Religion Hindu, Aged about 55
       years, R/o.Flat No.202, DVR Towers, opposite Chaitanya college,
       Ibrahimpatnam Mandal, Krishna District -521456.

                                              ...Petitioner/Appellant/Accused
                                     AND


   1. Burle Karunasri, W/o.Chenchu Rama Gupta, Religion Hindu, Aged
      about 45 years, R/o.D.No.TI/4, Ishwarya Towers, Kotilingam Street,
      Chuttugunta, Eluru Road, Vijayawada. (Complainant)
   2. The State of Andhra Pradesh rep., by its Public Prosecutor, High Court
      of Judicature at Amaravati.


                                                             ...Respondents

    Revision filed under Section 438 (1) & 442 of BNSS (Old Section
397(1) & 401 of Cr.P.0,1973) praying that in the circumstances stated in
the affidavit filed in support of the Criminal Revision Case, the High Court
may be pleased to allow the Criminal Revision Case by setting aside the
   Judgment, dated 18.06.2024 made in Crl.A.No.149 of 2023 on the file of
  the Court of the VIII Additional District & Sessions Judge -cum- V Additional
  Metropolitan Sessions Judge, Vijayawada, Krishna District against the
  Judgment, dated 19.05.2023 made in C.C.No.493 of 2019 on the file of the
  III Additional Metropolitan Magistrate, Vijayawada, Krishna District.
  Between:


 lA NO: 3 OF 2024



        Burle Karunasri, W/o.Chenchu Rama Gupta, Religion Hindu, Aged
        about 45 years, R/o.D.No.TI/4, Ishwarya Towers, Kotilingam Street,
        Chuttugunta, Eluru Road, Vijayawada.

                                                   ...Petitioner/1®* Respondent

                                        AND



    1. Pemmasani Sridhar, S/o. Ramesh Babu, Religion Hindu, Aged about 55
       years, R/o, Flat No.202, DVR Towers, opposite Chaitanya college,
        Ibrahimpatnam Mandal, Krishna District -521456

                                                      ... Respondent/Petitioner

    2. The State of Andhra Pradesh, rep., by its Public Prosecutor, High Court
       of Judicature at Amaravathi.


                                                   ...Respondent/Respondent

        Petition under Section R/w 147 of Nl Act, R/w 482 of Cr.PC., praying
that in the circumstances stated in the affidavit filed
                                                    -- iin support of the
petition.    the   High   Court       may     be   pleased   to   record   the
compromise/settlement arrived at by the petitioner/accused and the 1         St


respondent in CrI.R.C. No.752 of 2024 on the file of the Hon'ble High court
at Amaravati A.P, in connection with C.C.No.493/2019on the file of III
 *5^

      Additional Metropolitan Magistrate, Vijayawada, and Criminal Appeal No.
      149 of 2023 on the file of VIII Additional district   Judge cum V Additional
      Metropolitan Sessions Judge, Vijayawada.

      Counsel for the Petitioner; SR! ANCHA PANDUF^ANGA RAO



      Counsel for the Respondents; SRI VENKATA RAO PENUMAKA

      The Court made the following ORDER;-
 APHC010329482024
                   IN THE HIGH COURT OF ANDHRA
   0^0                         PRADESH
                             AT AMARAVATI
                                                        [3365]

                    (Special Original Jurisdiction)

        THURSDAY ,THE SEVENTH DAY OF NOVEMBER
               TWO THOUSAND AND TWENTY FOUR

                             PRESENT

    THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR

             CRIMINAL REVISION CASE NO: 752/2024

Between:

Pemmasani Sridhar                                ...PETITIONER

                               AND

Burle Karunasri and Others                  ...RESPONDENT(S)
Counsel for the Petitioner:

    1.ANCHA PANDURANGA RAO

Counsel for the Respondent(S):
    1. PUBLIC PROSECUTOR

   2.


The Court made the following:
                                  2




        THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR

                         I.A.No.S of 2024
                               in/and
           CRIMINAL REVISION CASE No.752 OF 2024

ORDER:

This Criminal Revision Case, under Sections 397 and 401

of Cr.P.C. (Sections 438(1) and 442 of BNSS), is filed seeking to

set aside the Judgment dated 18.06.2024 in Crl.A.No.149 of 2023

passed by the learned VIII Additional District and Sessions

Judge-cum-V Additional Metropolitan Sessions Judge,

Vijayawada, whereby confirmed the judgment dated 19.05.2023

in C.C.No.493 of 2019 passed by the learned III Additional Junior

Civil Judge-cum-lll Additional Metropolitan Magistrate,

Vijayawada.

2. Heard Sri Ancha Panduranga Rao, the learned counsel for

petitioner, Sri Penumaka Venkata Rao, the learned counsel for

respondent No.1 and the learned Assistant Public Prosecutor for

respondent No.2-State.

3. Today petitioner/accused and respondent

No.1/complainant are present. They filed I.A.No.3 of 2024

seeking permission to enter into compromise.

4. There is on record the compromise petition and the joint

memo filed by both parties and it bears signatures of the

petitioner/accused and respondent No. 1/complainant, On

interaction by the Court they stated that the compromise is true

and voluntary.

5. The terms of compromise that are arrived at between the

parties are filed and they are extracted hereunder;-

"2. It is respectfully submitted that during the pendency of the present Criminal Revision Case, both the petitioner and the 1st respondent have amicably resolved the matter for payment of Rs. 13,60,000/- by the petitioner to the 1st respondent in full and final settlement of the cheque amount. Pursuant to the same, the petitioner has paid a sum of Rs. 7 lakhs RTGS Transfer through MB23170502823T47383143 dt.23.10.2024 and Rs.3 lakhs

RTGS transfer through HDFCR 52024102354893450 dt. 23.10.2024. The Petitioner here in has already deposited an

amount of Rs. 3,60,000/- on 07- 08-02023 towards 20% of the compensation in C.C. No. 493/2019 as per the order in

Crl,M.P.No.383/ 2023 in Criminal Appeal No.149 of 2023. The Petitioner here in has no claim, interest or right in the said

amount. The respondent No.1 (Burle Karunasri) can claim and has liberty to withdraw the above said Court deposited amount of Rs.3,60,000/-.

3. It is respectfully submitted that the 1st respondent, being satisfied with the settlement, no longer wishes to pursue the matter further ar^d has no objection if the proceedings against

the petitioner in the above matter are quashed. The 1st

respondent confirms that he has no further claims or demands

against the petitioner in respect of the cheque in question or the transaction that led to the filing of the complaint in C.C. No. 493 of 2019.

4. It is respectfully submitted that the settlement has been

arrived at voluntarily, without any coercion, pressure, or undue influence, and in the interest of justice, both parties respectfully submit that this Hon'ble Court may be pleased to quash the proceedings in Crl.R.C.No.752 of 2024 and discharge the

petitioner from all liabilities in connection with C.C. No. 493 of 2019."

6. In view of the above terms, both parties voluntarily entered into compromise.

7. In the result, I.A.No.3 of 2024 is allowed. Consequently

Crl.R.C.No.752 of 2024 is allowed in terms of compromise. The

impugned judgments of both the Courts below are set aside. The

revision petitioner stands acquitted. He shall be set at liberty

forthwith. Fine amount paid by him shall be refunded to the

complainant/Burle Karunasri on filing necessary petition before the trial Court.

As a sequel, miscellaneous applications pending, if any, shall stand closed.

SD/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY//

SE^tO^i OFFICER To,

1. The III Additional Metropolitan Magistrate, Vijayawada.

2. The VIII Additional district Judge cum V Additional Metropolitan Sessions Judge, Vijayawada.