Allowed

Davu Koteswara Rao v. the State of Andhra Pradesh

Andhra Pradesh HC16 Sept 2024CRLP/6211/2024

Case brief

AI extract

What is this about?

The High Court allowed the Criminal Petition and pending interim applications to quash proceedings in Crime No. 230 of 2024, relying on the parties' settlement, voluntary compromise, and remote chance of conviction as per Apex Court precedents.

What did the court decide?

Quashing of proceedings in Crime No. 230 of 2024 and allowance of I.A. Nos. 2 & 3 and Criminal Petition No. 6211 of 2024.

Davu Koteswara Rao Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2024)

¶1

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶2

TUESDAY, THE SEVENTEENTH DAY OF SEPTEMBER

¶3

TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

¶6

I.A.Nos.2 & 3 of 2024

¶7

in/and

¶8

CRIMINAL PETITION No.6211 of 2024

¶9

Between:

¶10

Davu Koteswara Rao, S/o. Prasad Rao, Aged about 47 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶11

Arrepalli Sivaji, S/o. Sambasiva Rao, Aged about 46 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶12

Palagani Srikanth, S/o. Anjaneyulu, Aged about 37 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶13

...PETITIONERS/ACCUSED NOS.1 TO 3

¶14

AND

¶15

The State of Andhra Pradesh, Represented by S.H.O, Mangalagiri Town P.S., Guntur District Rep. by Public Prosecutor,^{StateofAndhra} Pradesh, High Court of Andhra Pradesh.

¶16

Bulla Yesubabu, S/o. Adarsam, Aged about 33 years, R/o. 5 504k, Kuppu Rao, Colony, Mangalagiri, Guntur District

¶17

...RESPONDENTS/COMPLAINANT

¶18

Petition filed under Section 528 of BNSS (under Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the FIR.No.230 of 2024 dated 03.08.2024 registered on the file of Mangalagiri Town P.S, Guntur District, A.P.

¶19

I.A. NO: 2 OF 2024

¶20

Between:

¶21

Bulla Yesubabu, S/o. Adarsam, Aged about 33 years, R/o. 5 504k, Kuppu Rao, Colony, Mangalagiri, Guntur District ...PETITIONER/PROPOSED RESPONDENT N0.2

¶22

AND

¶23

Davu Koteswara Rao, S/o. Prasad Rao, Aged about 47 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶24

Arrepalli Sivaji, S/o. Sambasiva Rao, Aged about 46 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶25

Palagani Srikanth, S/o. Anjaneyulu, Aged about 37 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶26

... RESPONDENTS / PETITIONERS

¶27

The State of Andhra Pradesh, Represented by S.H.O, Mangalagiri Town P.S., Guntur District Rep. by Public Prosecutor,^{StateofAndhra} Pradesh, High Court of Andhra Pradesh.

¶28

...RESPONDENT/ RESPONDENT

¶29

Petition under Section 320(6) of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner to compound the Cr. No. 230 of 2024 on the file Mangalagiri town PS for the offences punishable under Sections 109 r/w. 3(5) of BNS, 2023 in the present^case.

¶30

I.A. NO: 3 OF 2024

¶31

Between:

¶32

Bulla Yesubabu, S/o. Adarsam, Aged about 33 years, R/o. 5 504k, Kuppu Rao, Colony, Mangalagiri, Guntur District

¶33

...PETITIONER/PROPOSED RESPONDENT N0.2

¶34

AND

¶35

Davu Koteswara Rao, S/o. Prasad Rao, Aged about 47 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶36

Arrepalli Sivaji, S/o. Sambasiva Rao, Aged about 46 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶37

Palagani Srikanth, S/o. Anjaneyulu, Aged about 37 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶38

... RESPONDENTS / PETITIONERS

¶39

The State of Andhra Pradesh, Represented by S.H.O, Mangalagiri Town P.S., Guntur District Rep. by Public Prosecutor,^{StateofAndhra} Pradesh, High Court of Andhra Pradesh.

¶40

...RESPONDENT/ RESPONDENT

¶41

Petition under Section 320(2) R/w 482 of Cr.P.C praying^that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the 2^^ Respondent/De-fa^cto Complainant to compromise the offences in proceedings in Cr No. 230 of 2024 dated 03.08.2024 pending on the file of Mangalagiri town PS, Guntur against the Petitioners herein.

¶42

I.A. NO: 4 OF 2024

¶43

Petition under Section 528 of BNSS (under Section 482 of Cr.P.C) praying that in the circumstances stated in the Memorandum^ofGroundsof Criminal Petition, the High Court may be pleased to grant Stay of all further proceedings, including stay of arrest of the Petitioners^{inFIR.No.230of2024} dated 03.08.2024 registered on the file of Mangalagiri Town P.S, Guntur District, A.P., pending disposal of the above Criminal^Petition.

¶44

This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri D Vamsi Krishna, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and of Sri Kalakoti Sunil Kumar, Advocate for the Respondent No.2.

¶45

The Court made the following; ORDER

¶46

[3368]

¶47

APHC010387822024

¶48

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

¶49

TUESDAY ,THE SEVENTEENTH DAY OF SEPTEMBER

¶50

TWO THOUSAND AND TWENTY FOUR

¶51

PRESENT

¶52

THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

¶53

CRIMINAL PETITION NO: 6211/2024

¶54

Between:

¶55

Davu Koteswara Rao and Others

¶56

...PETITIONER/ACCUSED{S)

¶57

AND

¶58

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

¶59

Counsel for the Petitioner/accused(S):

¶60

1.D VAMSI KRISHNA

¶61

Counsel for the Respondent/complainant(S):

¶62

1.KALAKOTI SUNIL KUMAR

¶63

2.PUBLIC PROSECUTOR

¶64

The Court made the following:

¶65

COMMON ORDER:

¶66

lA Nos.2 and 3 of 2024 in/and Criminal Petition No:6211 of 2024

¶67

This Criminal Petition, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 482 of Cr.P.C.) has been filed on behalf of the petitioners herein/Accused Nos.1 to 3, to quash the proceedings in Crime No.230 of 2024 on the file of the Mangalagiri Town Police Station, Guntur District, registered

¶68

¶69

for the offences punishable under Section 109 read with 3(5) of Bharatiya Nyaya Sanhita, 2023.

¶70

Heard learned counsel for the petitioners and learned counsel representing for the unofficial respondent No.2 {de factocomplainant) and learned Assistant Public Prosecutor representing the State are present.

¶71

Today, when the matter is taken up, petitioner herein/Accused Nos.1 to 3 and 2^^ respondent herein are present before this Court. They produced their respective aadhar^cardsin proof of their identity. Learned counsel for the petitioners^andthe learned counsel for 2 nd respondent have identified both the parties in the open Court.

¶72

This Court has questioned 2"'^ 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 petitioners herein/Accused Nos.1^to3. 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.

¶73

¶74

In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & another\ 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. 230 of 2024 on the file of the Mangalagiri Town Police Station, Guntur District, registered for the offences punishable under Section 109 read with 3(5) Bharatiya Nyaya Sanhita, 2023, against the petitioners herein/Accused Nos.1 to 3 is hereby quashed.

¶75

Accordingly, I.As.Nos.2 and 3 of 2024 and Criminal Petition No.6211 of 2024 are allowed.

¶76

As a sequel thereto, the miscellaneous petitions, if any,

¶77

pending in this Criminal Petition shall stand closed.

¶78

2012(9) Scale 257

¶79

SD/- P.U.V. BHASKARA RAO ASSISTANT^ REGISTRAR

//TRUE COPY//

SECTION OFFICER

The Special Judge for Trial of Cases under Scheduled Castes & Scheduled Tribes (prevention of Atrocities) Act, 1989-cum-IV^Additional Sessions Judge, Guntur, Guntur District.

¶84

The Station House Officer, Mangalagiri Town Police Station, Guntur District.

¶85

One CC to Sri D Vamsi Krishna, Advocate [OPUC]

¶86

One CC to Sri Kalakoti Sunil Kumar, Advocate [OPUC]

¶87

Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi [OUT]

¶88

THREE CD COPIES

¶89

TAC

¶90

*Aiong with the Joint Compromise Memo in I.A.No.3 of 2024 in CRLP No.6211 of 2024.

¶91

¶92

HIGH COURT DATED: 17/09/2024

¶93

ORDER

¶94

I.A.Nos.2 & 3 of 2024 in/and CRLP.No.6211 of 2024

¶95

)i^
o
fix 2 I, SEP Tra*- coi^mij
Current Section
— A

¶96

ALLOWING THE I.A.Nos.2 & 3 of 2024 AND ALLOWING THE CRIMINAL PETITION

¶97

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶98

CRLP.NO. OF 2024

¶99

BETWEEN:

¶100

Davu Koteswara Rao, S/o. Prasad Rao, Aged about 47 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶101

Arrepalli Sivaji, S/o. Sambasiva Rao, Aged about 46 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶102

Palagani Srikanrh, S/o. Anjaneyulu, Aged about 37 years, R/o. Yerrabalem Village, Mangalagiri Mandal, Guntur District.

¶103

...PETITIONERS/ ACCUSED No. 1 to 3

¶104

AND

¶105

The State of Andhra Pradesh, Represented by S.H.O, Mangalagir Tov/n P.S., Guntur District Rep. by Public Prosecutor, State of Andhra Pradesh, High Court of Andhra Pradesh.

¶106

2: Bulla Yesubabu, S/o. Adarsam, Aged about 33 years, R/o. 5 504k, Kuppu rao. Colony, Mangalagiri, Guntur District

¶107

...RESPONDENTS/COMPLAINANT

¶108

JOINT MEMO OF COMPROMISE

¶109

It is respectfully submitted that the above petition^is Filed under Section 528 of BNSS. for quashing the Charge Sheet in Cr.No 230 of 2024 on the file of Mangalagiri^Town

¶110

¶111

<br>

¶112

PS, Guntur District for the offences- punishable under Sections 109r/w3(5) of BNS against the Petitioners herein.

¶113

It IS further submitted that the things stood goes^on the Petitioner herein and the. Respondent Nos.2 settled their dispute amicably out of the court and Respondent Nos.2 wishes to withdraw the complaint which was subsequently numbered as Cr.No. 230 of 2024 on the file of Mangalagiri Town PS for the offences punishable under Section s 109 r/w 3(5) of BNS, 2023 against the Petitioners herein. The 2"^ Respondent/ Complainant deems it appropriate that the continuation of prosecution against the Petitioners/Accused Nos.l 85 4 herein is unnecessary.

¶114

It is submitted that the 2"^ Respondents/De facto Complainant are willing to withdraw the case against the Petitioner/Accused Nos. 1 to 4 herein in the above referred Criminal Petition. Therefore, in the above said circumstances, the present Joint Memo is being filed i n support of the quashing of the Criminal Petition and the 2"^ Respondent/De facto Complainant hereby tender their unconditional consent for quashing the proceedings in Cr. No. 230 of 2024 on the file Mangalagiri town PS for the

¶115

offences punishable under Sections 10^ r/w. 3(5) of^BNS 2023 against the Petitioners herein.

¶116

Place: Amaravati Date: 03.09.2024 2nd Respondent/ De-facto Complainant

¶117

Counsel f^/Petitioner/Accused Counsel isponde^r

¶118

Petitioner No.l

¶119

Petitioner No.2

¶120

/ C9V' Petitioner No.3 7-

Davu Koteswara Rao v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Davu Koteswara Rao v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Tamarana Yerramnaidu, Vs The State of A.P.

Gudeti Balakoti Reddy Vs the State of Andhra Pradesh

Literary Club, Vs The State of Andhra Pradesh

Kondepu Srinivasa Rao Vs State of Andhra Pradesh

Bulla Yesu Babu Vs the State of Andhra Pradesh

Datla Phani Kumar Vs the State of Andhra Pradesh