Allowed

Bulla Yesu Babu v. the State of Andhra Pradesh

Andhra Pradesh HC16 Sept 2024CRLP/6212/2024

Case brief

AI extract

What is this about?

The High Court allowed criminal petitions seeking quashing of FIR No. 229 of 2024 after the parties entered a voluntary compromise regarding offences under Section 109 read with 3(5) of BNS 2023, citing the Gian Singh precedent.

What did the court decide?

FIR No. 229 of 2024 registered for offences under Section 109 r/w 3(5) of BNS 2023 against Accused Nos. 1 to 4 was quashed.

Bulla Yesu Babu Vs the State of Andhra Pradesh — Quashing and FIR | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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TUESDAY ,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B.V.LN. CHAKRAVARTHI

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l-A. NOS: 2 AND 3 OF 2024

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IN/AND

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CRIMINAL PETITION NO: 6212 OF 2024

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CRIMINAL PETITION NO: 6212 OF 2024

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Between:

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Bulla Yesu Babu, S/o. Adarsam, Aged about 33 years, R/o. 5 504k,

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Kuppu rao Colony, Mangalagiri, Guntur District.

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Kalakoti Ramesh, S/o. Koteswara Rao, Aged about 34 years, R/o. 11200, Harijana Wards, RCM Church, old Mangalagiri, Guntur District

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Kalakoti Vandana Kumar, S/o. Koteswara Rao Aged about 46 years,

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R/o. 11-200, Harijana Wards, RCM Church, old Mangalagiri, Guntur District

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Popuri Kamalakar, C/o. Issac, Aged about 34 years, R/o. 11-1321/b,

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MSS nagar, Mangalagiri, Guntur District.

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...Petitioners/Accused

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AND

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The State of Andhra Pradesh, Represented by S.H.O, Mangalag in Town P.S., Guntur District Rep. by Public Prosecutor, State of Andhra Pradesh High Court of Andhra Pradesh.

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Arepalli Sivaji, S/o. Samba Siva Rao, Aged about 46 years, R/o. Basavatarakam Village, Yarrabalem Village, Mangalagiri Guntur District. ...Respondents/Complainant Petition under Section 482 of Cr.P.C and 528 of BNSS, 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.229 of 2024 dated 03.08.2024 registered on the file of Mangalagiri Town P.S, Guntur District, A.P., against the Petitioners in the interest of equity and justice while exercising its inherent jurisdiction under Section 528 of B.N.S.S. 2023 against the Petitioners.

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I.A, NO: 2 OF 2024

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Between:

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Arepalli Sivaji, S/o. Samba Siva Rao, Aged about 46 years, R/o. Basavatarakam Village, Yarrabalem Village, Mangalagiri, Guntur District.

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...Petitioner/Proposed Respondent No.2 AND

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

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Kalakoti Ramesh, S/o. Koteswara Rao, Aged about³⁴ years, R/o. 11200, Harijana Wards, RCM Church, old Mangalagiri, Guntur District

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Kalakoti Vandana Kumar, S/o. Koteswara Rao, Aged about 46 years, R/o. 11-200, Harijana Wards, RCM Church, old Mangalagiri, Guntur District

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Popuri Kamalakar, C/o. Issac, Aged about 34 years, R/o. 11-1321/b, MSS nagar, Mangalagiri, Guntur District.

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...Petitioners/Petitioners

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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.

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...Respondent/Respondent

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Petition under Section 320(6) 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 Petitioner to compound the Cr. No. 229 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

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I.A. NO: 3 OF 2024

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Between:

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Arepalli Sivaji, S/o. Samba Siva Rao, Aged about 46 years, R/o. Basavatarakam Village, Yarrabalem Village, Mangalagiri Guntur District.

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...Petitioner/Proposed Respondent No.2 AND

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

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Kalakoti Ramesh, S/o. Koteswara Rao, Aged about 34 years, R/o. 11200, Harijana Wards, RCM Church, old Mangalagiri, Guntur^District.

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Kalakoti Vandana Kumar, S/o. Koteswara Rao, Aged about 46 years, R/o. 11-200, Harijana Wards, RCM Church, old Mangalagiri, Guntur District

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Popuri Kamalakar, C/o. Issac, Aged about 34 years, R/o. 11-1321/b, MSS nagar, Mangalagiri, Guntur District.

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...Petitioners/Petitioners

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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.

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...Respondent/Respondent

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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 2nd Respondent/De-fa^cto Complainant to compromise the offences in proceedings in Cr No. 229 of 2024 dt. 03.08.2024 pending on the file of Mangalagiri town PS, Guntur against the Petitioners herein

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*Joint Compromise Memo enclosed vide separate sheet

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I.A. NO: 4 OF 2024

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Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings, including stay of arrest of the Petitioners^{inFIR.No.229of2024} dated 03.08.2024 registered on the file of Mangalagiri town P.S, Guntur District, A.P., pending disposal of the above Criminal^Petition

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

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The Court made the following:

[3368]

APHC010387712024

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

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TUESDAY ,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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CRIMINAL PETITION NO: 6212/2024

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Between:

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Bulla Yesu Babu and Others

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...PETITIONER/ACCUSED(S)

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AND

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

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Counsel for the Petitioner/accused(S):

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1.KALAKOTI SUNIL KUMAR

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Counsel for the Respondent/complainant(S):

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1.D VAMSI KRISHNA

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2.PUBLIC PROSECUTOR

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The Court made the following:

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COMMON ORDER:

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lA Nos.2 and 3 of 2024 in/and Criminal Petition No:6212 of 2024

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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 4, to quash the proceedings in Crime No.229 of 2024 on the^file of the Mangalagiri Town Police Station, Guntur District, registered

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for the offences punishable under Section 109 read^with3(5)of Bharatiya Nyaya Sanhita, 2023.

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Heard learned counsel for the petitioners and learned counsel representing for the unofficial respondent^{No.2{defacto-} complainant) and learned Assistant Public Prosecutor representing the State are present.

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Today, when the matter is taken up, petitioner herein/Accused Nos.1 to 4 and 2^^^ respondent herein^arepresent before this Court. They produced their respective aadhar^cardsin proof of their identity. Learned counsel for the petitioners^andthe nd learned counsel for 2 respondent have identified both the parties in the open Court.

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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^to4. 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.

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3 5. 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. 229 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 4 is hereby quashed.

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Accordingly, I.As.Nos.2 and 3 of 2024 and Criminal Petition No.6212 of 2024 are allowed.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

2012 (9) Scale 257

To,

//TRUE COPY//

SD/-SHAIK MOHD. RAFI ASSISTANT REGISTRAR ■C'

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s^crt ON OFFICER

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The III Additional Sessions Judge, Guntur, Guntur District.

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The Judicial Magistrate of First Class, Mangalagiri, Guntur District.

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

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

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

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Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]

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Three CD Copies

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SAM

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sree

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Along with joint compromise memo to the addresses

HIGH COURT

DATED;17/09/2024

COMMON ORDER

l.A No.2 & 3 of 2024 in/and CRLP.No.6212 of 2024

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o
m
2 5 SEP 202'«
to Co
^ Current Section

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ALLOWING THE l.A No.2 & 3 of 2024 AND ALLOWING THE CRLP

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• -SV

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JOINT MEMO OF COMPROMTSR

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It is respectfully submitted that the above petition is FILED under Section 528 of BNSS for quashing the Charge Sheet in Cr.No 3## of 2024 on the file of Mangalagiri Town PS, Guntur District for the offences punishable under Sections 109 r/w 3(5) of BNS against the Petitioners herein.

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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. ^ of 2024 on the file of Mangalagiri Town PS for the offences punishable under Sections 109 r/ w 3(5) of BNS, 2023 against the Petitioners herein. The 2"^ Respondent/ Complainant deems i - It appropriate that the continuation of prosecution against the Petitioners/Accused Nos. 1 & 4 herein ISi“ unnecessary-.

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It is submitted that the 2 nd 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. of 2024 on the file Mangalagiri town PS for the offences punishable under Sections 109 r/w. 3(5) of BNS, 2023 against the Petitioners herein.

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Place; Amaravati Date; 03.09.2024

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2nd Respondent/ De-facto Complainant

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A Cou or ioner/Accused •v Counsel for r's^^espondent

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Petitioner No. 1 IS . s A BV-

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Petitioner No.2

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