Vadithe Thavurya Naik vs The State Of Andhra Pradesh
2024 Latest Caselaw 9720 AP

Andhra Pradesh High Court - Amravati

Vadithe Thavurya Naik vs The State Of Andhra Pradesh on 28 October, 2024

APHC010380362024
                   IN THE HIGH COURT OF ANDHRA
                               PRADESH
                                                              [3368]
                            AT AMARAVATI
                     (Special Original Jurisdiction)
     MONDAY ,THE TWENTY EIGHTH DAY OF OCTOBER
           TWO THOUSAND AND TWENTY FOUR
                          PRESENT
 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
                    IA Nos.2 and 3 of 2024
                              in/and
              Criminal Petition No:6409 of 2024
Between:
Vadithe Thavurya Naik and Others ...PETITIONER/ACCUSED(S)
                               AND
The State Of Andhra        ...RESPONDENT/COMPLAINANT(S)
Pradesh and Others
Counsel for the Petitioner/accused(S):
   1. JAGAN MOHAN RAO MANNAVA
Counsel for the Respondent/complainant(S):
   1. VENKATA DURGA RAO ANANTHA
   2. PUBLIC PROSECUTOR
The Court made the following:

COMMON ORDER:

This Criminal Petition, under Section 482 of Cr.P.C. (Section

528 of Bharatiya Nagarik Swaksha Sanihitha (BNSS) Act, 2023) has

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

to quash the proceedings in P.R.C.No.10 of 2024 on the file of the

Judicial First Class Magistrate of Special Mobile Court, Guntur.

2. Heard learned counsel for the petitioners, learned Assistant

Public Prosecutor representing the 1st respondent-State and learned

counsel for the 2nd respondent-de facto complainant.

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

herein/Accused Nos.1 and 2 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 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 Vs. 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 P.R.C.No.10 of 2024 on the file of the Judicial First

Class Magistrate of Special Mobile Court, Guntur, against the

petitioners herein/Accused Nos.1 and 2, is hereby quashed.

2012 (9) Scale 257

6. Accordingly, I.A.Nos.2 and 3 of 2024 and Criminal Petition

No.6409 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

Date: 28.10.2024.

Pab

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

I.A Nos.2 and 3 of 2024 in/and Criminal Petition No:6409 of 2024

Date: 28.10.2024

Pab