Allowed¶54

Challagundla Bhaskara Rao v. the State of Andhra Pradesh

Andhra Pradesh HC18 Feb 2025CRLP/1430/2025

Case brief

AI extract

What is this about?

S.482 Cr.P.C. quashing of proceedings in Cr.No.35 of 2024 (Machavaram Police Station, Palnadu District; IPC ss.120-B, 143, 147, 148, 294-B, 352, 448, 427, 506 r/w.149 and SC/ST (POA) Act ss.3(1)(s), 3(1)(t), 3(2)(va)) on the basis of a voluntary compromise between accused A-1 to A-18 and the de facto complainant; Gian Singh v. State of Punjab & another, 2012 (9) Scale 257 applied; Criminal Petition No.1430 of 2025 and I.A.Nos.2 & 3 of 2025 allowed by Justice B.V.L.N. Chakravarthi on 19-02-2025.

What did the court decide?

Criminal Petition No.1430 of 2025 and I.A.Nos.2 & 3 of 2025 allowed; proceedings in Cr.No.35 of 2024 of Station House Officer, Machavaram Police Station, Palnadu District against A-1 to A-18 quashed; interlocutory applications, if any, pending in the Criminal Petition stand closed. ¶54

Challagundla Bhaskara Rao Vs the State of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in Cr.No.35 of 2024 of Station House Officer, Machavaram Police Station, Palnadu District (offences under the Indian Penal Code, 1860 and the SC/ST (POA) Act) ought to be quashed under Section 482 Cr.P.C. at the instance of accused A-1 to A-18. +1 more

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Court's answer

In view of the compromise between the parties, the chances of conviction are remote and bleak.

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Ratio / Principle

The Court recorded its satisfaction with the identification of the parties and the voluntariness of the compromise arrived at between the de facto complainant and accused A-1 to A-18.

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Key takeaways

Applying the principle in Gian Singh v. State of Punjab & another, where the parties to a criminal case have entered into settlement and compromise, the criminal case can be quashed; accordingly the Criminal Petition is allowed.ratio¶49
The case proceedings in Cr.No.35 of 2024 of Station House Officer, Machavaram Police Station, Palnadu District, registered for the offences under the Indian Penal Code, 1860 and the SC/ST (POA) Act, against the petitioners/A-1 to A-18 are quashed.ratio¶49

Detailed headnote1 paragraphs

Criminal Petition under Section 482 Cr.P.C. - Quashing of FIR - Cr.No.35 of 2024, Station House Officer, Machavaram Police Station, Palnadu District, for offences under Sections 120-B, 143, 147, 148, 294-B, 352, 448, 427, 506 r/w.149, Indian Penal Code, 1860 and Sections 3(1)(s), 3(1)(t), 3(2)(va), SC/ST (POA) Act - accused A-1 to A-18 and the de facto complainant (respondent No.2) entered into a compromise; de facto complainant categorically stated before the Court that he voluntarily entered into the compromise; parties identified through Aadhaar cards and identified by counsel and police in open Court; Court satisfied with identification of parties and voluntariness of compromise; in view of the compromise, chances of conviction remote and bleak; following Gian Singh v. State of Punjab & another, 2012 (9) Scale 257, on quashing of criminal case when parties enter into settlement and compromise, proceedings in Cr.No.35 of 2024 against A-1 to A-18 quashed; Criminal Petition and I.A.Nos.2 & 3 of 2025 allowed; pending interlocutory applications closed.

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APHC010065002025

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

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WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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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: 1430/2025

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Between:

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CHALLAGUNDLA BHASKARA RAO, S/O VENKATESWARLU AGED ABOUT 50 YEARS R/O KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P-522413

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CHALLAGUNDLA NARASIMHA RAO,, S/O SATYANARAYANA, AGED ABOUT 44 YEARS R/O KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P -522413.

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CHALLAGUNDLA VENKATA RAO, S/O APPAIAH, AGED ABOUT 58 YEARS, R/O KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P -522413

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PALLA NARENDRA @ NARENDRA BABU, S/O VENKATESWARLU AGED ABOUT 36 YEARS R/O KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P-522413

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CHALLAGUNDLA SRIKANTH @ SREEKANTH,, S/O LAKSHMI NARAYANA AGED ABOUT 43 YEARS R/O D NO 620/1, KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P -522413.

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DIYYA RAMAKRISHNA @ DIYYA RAMAKRISHNA PRASAD, S/O VENKATA RAO AGED ABOUT 46 YEARS R/O D NO 691 BANDIA BAZAAR PIDUGURALLA TOWN PALNADU DISTRICT A.P-522413

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MEKALA SURESH, S/O SRINIVASA RAO AGED ABOUT 5-45/1, R/O PATA CHURCH BAZAR. PATHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P -522413 (A7).

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PONDURI NARASIMHARAO, S/O SURYA NARAYANA AGED ABOUT 49 YEARS R/O D NO 120 KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P522413 (A8).

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CHALLAGUNDLA BABU RAO, S/O RAMULU @ RAMAIAH AGED ABOUT 54 YEARS, R/O. D NO. 1-31/I, KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P522413 (A9).

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CHALLAGUNDLA KOTESWARA RAO, S/O BUTCHAIAH, AGED ABOUT 42 YEARS, R/O KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P-522413 (A10).

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CHALLAGUNDLA SUDHEER @ SRIDHAR, S/O LAKSHMINARAYANA, AGED ABOUT 42 YEARS, R/O 1-1-385/5/1, MOHAN NAGAR, KOTTAPETA, CHAITANYA PURI, SAROOR NAGAR, K.V RANGA REDDY T.G-500035. (A11).

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MURARI ADINATAYANA @ ADINARAYANA, S/O ACHAIAH AGED ABOUT 49 YEARS R/O D NO.6-106, KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P522413 (A12).

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NAMBULA VENKATRAO @ VENKATADRI, S/O ANKAMMA RAO, AGED ABOUT 49 YEARS R/O D NO.6-106, KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P-522413 (A13).

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. NAMBULA GANGADRI, S/O VENKATADRI, AGED ABOUT 49 YEARS R/O D NO.6-101/6, KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P-522413 (A14).

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CHALLAGUNDLA PRADEEP, S/O BABU RAO AGED ABOUT 30 YEARS, R/O D NO. 1-31/1, KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P-522413 (A15).

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NAMBULA SRINIVASARAO, S/O RAMUMURTHY AGED ABOUT 49 YEARS R/O D NO.7-15, KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P-522413 (A16).

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CHALLAGUNDLA BIKSHAMAIAH, S/O RAMAIAH, AGED ABOUT 57 YEARS, R/O KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P-522413

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CHALLAGUNDLA NARASIMHARAO, S/O KRISHNA MURTHY, AGED ABOUT 33 YEARS R/O D NO. 1-31/A, KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P-522413

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...PETITIONER/ACCUSED(S)

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AND

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THE STATE OF ANDHRA PRADESH, THROUGH P.S., MACHAVARAM, PALNADU DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI.

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CHALLAGUNDLA RAMBABU, S/O VENKATESWARLU AGED ABOUT 48 YEARS R/O D.NO.5-014/1, KOTHA GANESUNIPADU VILLAGE MACHAVARAM MANDAL PALNADU DISTRICT A.P522413

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...RESPONDENT/COMPLAINANT(S):

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Counsel for the Petitioner/accused(S):

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1.PONNEKANTI MALLIKARJUNA RAO

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR (AP)

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2.POPURI LAKSHMI PRIYANVITA

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The Court made the following:

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THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION No.1430 OF 2025

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COMMON ORDER:

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I.A.Nos.2 & 3 OF 2025 in/and Criminal Petition No:1430 OF 2025

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This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein/A-1 to A-18 to quash the proceedings in Cr.No.35 of 2024 of Station House Officer, Machavaram Police Station, Palnadu District, registered for the offence U/secs.120-B, 143, 147, 148, 294-B, 352, 448, 427, 506 r/w.149 of Indian Penal Code, 1860 and section 3 (1) (s) 3 (1) (t), 3 (2) (va) of SC/ST (POA) Act.

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Heard Sri P.Mallikarjuna Rao, learned counsel for petitioners/A-1 to A-18 and Sri P.Lakshmi Priyanvita, learned counsel representing for the unofficial respondent No.2 (defactocomplainant). Learned Additional Public Prosecutor representing the State present. Police present.

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Today, when the matter is taken up, petitioners herein/A-1 to A-6, A-8 to A-18 and 2^nd respondent herein are present before this Court. The learned counsel for petitioner/A-7 sought permission to appear the petitioner/A-7 through V.C. Permitted. Accordingly, the petitioner/A-7 appeared through V.C. The petitioners/A-1 to A-6 and A-8 to A-18 and 2^nd respondent

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produced their respective Aadhaar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for 2^nd respondent and police have identified both the parties in the open Court.

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This Court has questioned 2^nd 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/A-1 to A-18. 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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In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh v. 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 Cr.No.35 of 2024 of Station House Officer, Machavaram Police Station, Palnadu District, registered for the offence U/secs.120-B, 143, 147, 148, 294-B, 352, 448, 427, 506 r/w.149 of Indian Penal Code, 1860 and section 3 (1) (s) 3 (1) (t), 3 (2) (va) of SC/ST (POA) Act against the petitioners herein/A-1 to A-18 is hereby quashed.

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1 2012 (9) Scale 257

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6. Accordingly, I.A.Nos.2 & 3 of 2025 and Criminal Petition

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No.1430 of 2025 are allowed.

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

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_________________________ JUSTICE B.V.L.N.CHAKRAVARTHI. 19^th February, 2025.

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