Boddu Srinivasa Rao vs The State Of Ap
2024 Latest Caselaw 8652 AP

Andhra Pradesh High Court - Amravati

Boddu Srinivasa Rao vs The State Of Ap on 19 September, 2024

APHC010359682024

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

       THURSDAY ,THE NINETEENTH DAY OF SEPTEMBER
                   TWO THOUSAND AND TWENTY FOUR
                                 PRESENT
    THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
                    CRIMINAL PETITION NO: 5768/2024
Between:
Boddu Srinivasa Rao                           ...PETITIONER/ACCUSED
                                     AND
The State Of AP and                  ...RESPONDENT/COMPLAINANT(S)
Others
Counsel for the Petitioner/accused:
   1. UDAY KUMAR VAMPUGADAVALA
Counsel for the Respondent/complainant(S):
   1. KOTHA VEERA NAGA PALLAVI
   2. PUBLIC PROSECUTOR

The Court made the following:


COMMON ORDER:

IA Nos.3 and 4 of 2024 in/and Criminal Petition No:5768 of 2024

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

(Section 528 of B.N.S.S.) has been filed on behalf of the

petitioner herein/Accused to quash the proceedings in

C.C.No.887 of 2024, on the file of IV Metropolitan Magistrate,

Vijayawada, Krishna District, which was registered for the

offences punishable under Sections 498A IPC and Sections 3

and 4 of the Dowry Prohibition Act of Crime No.1185 of 2023 of

Patamata Police Station, Vijayawada City.

2. Heard learned counsel for the petitioners and learned

counsel representing for the unofficial respondent No.1 (de facto-

complainant) and learned Assistant Public Prosecutor

representing the State present.

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

herein/Accused and 1st 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 1st respondent have identified both the parties in the

open Court.

4. This Court has questioned 1st 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 & 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. 887 of 2024, on the

file of IV Metropolitan Magistrate, Vijayawada, Krishna District,

against the petitioner herein/ Accused is hereby quashed.

6. Accordingly, I.A.Nos.3 and 4 of 2024 and Criminal Petition

No.5768 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: 19.09.2024
VNB





    2012 (9) Scale 257

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

I.A Nos.3 and 4 of 2024 in/and Criminal Petition No:5768 of 2024

19.09.2024

VNB