Citation : 2024 Latest Caselaw 9761 AP
Judgement Date : 29 October, 2024
APHC010462382024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3368]
TUESDAY, THE TWENTY NINETH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
CRIMINAL PETITION NO: 7353/2024
Between:
1. YENDLURI SRINIVASA RAO, S/O CHENNAIAH, AGED
ABOUT 50 YEARS, OCC REPORTER, R/O. D.NO.30-679,
ENUGUPALEM ROAD, OPP KEERTHI DELUX,
VINUKONDA, PALNADU DISTRICT.
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC
PROSECUTOR HIGH COURT OF ANDHRA PRADESH,
AMARAVATI. THROUGH SHO, VINUKONDA POLICE
STATION, GUNTUR DISTRICT, ANDHRA PRADESH.
2. N VENKATESWARLU, S/O VEERAIAH AGED ABOUT 53
YEARS, OCC ASST. EXECUTIVE ENGINEER, APSPDCL,
GUNTUR DISTRICT. R/O FLAT NO 201, SATYA SAI
APARTMENTS, 1ST LANE, DEVAPURAM, GUNTUR
DISTRICT.
...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused:
1. SOMISETTY GANESH BABU
Counsel for the Respondent/complainant(S):
1. O UDAYA KUMAR
2. PUBLIC PROSECUTOR
The Court made the following:
2
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
IA Nos.1 and 2 of 2024
in/and
Criminal Petition No:7353 of 2024
COMMON ORDER:
This Criminal Petition, under Section 482 of Cr.P.C.
(Section 528 of B.N.S.S., 2023) has been filed on behalf of the
petitioner herein/Accused, to quash the proceedings in Crime
No.150 of 2021 on the file of the Judicial First Class Magistrate,
Vinukonda, Palnadu District.
2. Heard learned counsel for the petitioner 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, petitioner
herein/Accused and 2nd respondent herein are present before this
Court. They produced their respective aadhar cards in proof of
their identity. Learned counsel for the petitioner 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 petitioner herein/Accused. 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 & another 1, 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.150 of 2021 on the
file of the Judicial First Class Magistrate, Vinukonda, Palnadu
District, against the petitioner herein/Accused is hereby quashed.
6. Accordingly, I.A.Nos.1 and 2 of 2024 and Criminal Petition
No.7353 of 2024 are allowed.
As a sequel thereto, the interlocutory applications, if any,
pending in this Criminal Petition shall stand closed.
____________________ _
B.V.L.N.CHAKRAVARTHI, J
29-10-2024
Pmk
2012 (9) Scale 257
THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
CRIMINAL PETITION NO:7353 of 2024
Date: 29.10.2024
Pmk
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