Ajay Arun Gaikwad, Vs The State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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I.A.No.3 of 2025 IN/AND CRIMINAL PETITION NO: 674 OF 202^

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I.A.No.3 of 2025

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Between;

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Shri Karri Naga Satyanarayana Reddy, S/o. Sureddy, Aged about 40 Years, Occ- Business, R/o. Ravulapalem Post, Amlapuram,^Dr.B.R. Ambedkar Konaseema District.

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...Petitioner / Defacto-Complainent

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AND

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Ajay Arun Gaikwad, S/o. Arun Gaikwad, Age30 years. Occu: Business, R/o. 101, Shivneri, Ragav Nagar, Dhankavri, Pune - 43, Maharashtra.

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Anita Arun Gaikwad, D/o. Arun Gaikwad, Age35 years, OccuBusiness, R/o. 101, Shivneri, Ragav Nagar, Dhankavri, Pune - 43, Maharashtra.

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...Petitioner/Accused No.1 and 2

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The State of Andhra Pradesh, Rep. by its Public Prosecutor at High Court of Andhra Pradesh, at Nelapadu, Amaravati.

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...Respondent

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Petition under Section 320(2) Cr.P.C and 359(3) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise and quash the FIR No. 288 of 2024 dated 25-09-2024, on the file of Ravulapallem P.S., Dr. Ambedkar Konaseema District.

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CRIMINAL PETITION NO: 674 OF 2025

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Between:

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Ajay Arun Gaikwad, S/o. Arun Gaikwad, Age30 years. Occu; Business, R/o. 101, Shivneri, Ragav Nagar, Dhankavri, Pune - 43, Maharashtra.

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Anita Arun Gaikwad, D/o. Arun Gaikwad, Age35 years, OccuBusiness, R/o. 101, Shivneri, Ragav Nagar, Dhankavri, Pune - 43, Maharashtra.

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...PETITIONER/ACCUSED No.1 and 2

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor at High Court of Andhra Pradesh, at Nelapadu, Amaravati.

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...Respondent

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Shri Karri Naga Satyanarayana Reddy, S/o. Sureddy, Aged about 40 Years, Occ- Business, R/o. Ravulapalem Post, Amlapuram,^Dr.B.R. Ambedkar Konaseema District.

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...Respondent/ Defacto Complainant

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Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to to call for record and proceedings of

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FIR. No. 288 of 2024, dated: 25- 09-2024, on the file of P.S. Ravulapallem Dr.Ambedkar Konaseema District, and quash the same and pass

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I.A. NO: 2 OF 2025

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Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to grant stay of all further proceedings in FIR. No. 288 of 2024, dated: 25-09-2024, on the file of P.S. Ravulapallem, Dr.Ambedkar Konaseema District.

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I.A. NO: 4 OF 2025

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Petition under Section 320(6) of Cr.P.C, ad 359(6) of BNSS, 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 offence and to quash the FIR No. 288^{of2024dated25-} 09-2024, on the file of Ravulapallem P.S., Dr. Ambedkar^Konaseema District

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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 C B Adarsh Kumar, Advocate for the Petitioner and the Public^Prosecutoron behalf of the Respondent No.1

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The Court made the following:

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/

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APHC010034042025

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■I IN THE HIGH COURT OF ANDHRA PRADESH ■i-' AT AMARAVATI [3457] (Special Original Jurisdiction)

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MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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CRIMINAL PETITION NO: 674/2025

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Between:

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Ajay Arun Gaikwad, and Others ...PETITIONER/ACCUSED(S)

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AND

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

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Counsel for the Petitioner/accused(S):

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1.C BADARSH KUMAR

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR

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/

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I.A.No.S of 2025 in/and Criminal Petition No.674 of 2025

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The Court made the following order:

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l A.No.S of 2025

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This Criminal Petition is filed under Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS, 2023 ) seeking to quash the proceedings initiated against^{thepetitioners/A1} & A2 in Crime.No.288 of 2024, dated 25.09.2024 of Ravulapallem Police Station Dr.Ambedkar Konaseema District, registered for the the offences punishable under Sections 318(4) read with 3(5) of Bharatiya Nyaya Sanhita (for short “BNS”).

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Heard learned counsel for the petitioner and learned counsel for the 1 St respondent, who appeared through online and learned counsel for the 2 nd respondent, who is present in the Court. 3. Learned counsel for the petitioner/A1 & A2 has filed^I.A.No.3 of 2025, duly enclosing a Joint Memo entered between the accused as well as the de-facto complainant. Wherein, it is stated that at the both side and well wishers, the de-facto intervention of elders on complainant and the accused are together compromised the matter

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T

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and have settle the dispute amicably. As such, prayed this Court to record the compromise and allow the criminal petition.

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In view of the compromise entered between the parties and the settlement in the interest of both petitioners and de-facto complainant, I find that this is a fit case to permit the petitioners to compound the offences.

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Accordingly, I.A.No.3 of 2025, is ordered.

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Cr.L.P.No.674 of

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In view of the orders passed in I.A.No.3 of 2025 i n Cr.L.P.No.674 of 2025, the present Criminal Petition is allowed in terms of the Joint Memo dated 24.01.2025, by quashing the proceedings initiated against the petitioners/ A1 & A2 in Crime No.288 of 2024 of Ravulapallem Police Station, Dr. Ambedkar Konaseema District.

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As a sequel, miscellaneous applications pending, if any, in this petition, shall stand closed.

//true copy//

^assistant Strar

To.

SECTION OFFICER

olSrs"' 3- Two CCs to PuMc^Pres^'^^*l Kumar Advocate [OPUCI < Three CD Copie" Court of Adhm^radesh ,OUTl

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(ENCLOSING THE JOINT MEMO)

HIGH COURT

DATED:17/03/2025

COMMON ORDER

l-A-No-S of 2025 IN/AND CRIMINAL PETITION NO: 674 OF 2025

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ALLOWING THE I.A.No.3 of 2025 IN/AND CRLP

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\

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IN

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THE HIGH COURT OF ANDHRA

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PRADESH AT AWIARAVATHI

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OF 2025 l.A.No. IN OF 2025 Crl.P.No 674

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Between: Gaikwad,Age: 30 years, 1 Aiav Arun Gaikwad, S/o. Arun i, Pune - 43, i Ragav Nagar, Dhankavn Ocou: Business, R/o. 101, Shrvnen, Maharashtra. 2 AnitaBusiness,Arun R/o.Gaikwad,101, Shivnen,D/o. ArunRagavGaikwad,Nag Ag.^35 years, Ocou:^^ Maharasihtra. y ..Petitioners/Accused No. 1 and 2

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AND

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1 The Slate of Andhra Pradesh Represented by the Pubiic Prosecutor, High Court at Amaravathi.

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clr^ ciiirpddv Aqed about 40

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Ambe'dkar Konaseema District De-facto Complainant

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THEPEIiIiQNEES_AND

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JOINT

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Arrii<^ed No.1 and 2 in FIR

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1. It is submitted that the pewoners Rgvulapallem P.S., Nd. 288 of 2024 dated 25-09^20^^^, ,3,,

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Dr Ambedkar Konaseema U/sec 318(4) r/w 3(5) of BNS.

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committed offence punishable ( Petitioners

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Counsel fc/r the the Petitioners ^ c- -

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Counsel for 3s^ndent No^ De-facto(RespondentComplainantNo.2)

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(
Petitioners
Counsel fc/r the the Petitioners ^
c- -

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It is submitted that basing on complaint made by respondent No.2 the respondent police have registered a case against the petitioners

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as FIR No. 288 of 2024 dated 25-09-2024, on the file of

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Ravulapallem P.S., Dr Ambedkar Konaseema District, for the

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alleged offences U/sec 318(4) r/w 3(5) of BNS. Further the petitioners have filed Crl.P.No, 674 of 2025 before this Hon'ble Court, praying the Hon'ble Court to call for record and proceedings of FIR. No. 288 of 2024, dated: 25-09-2024, on the file of P.S. Ravulapallem, Dr.Ambedkar Konaseema District, and quash the same.

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It is submitted that during the pendency of the above Criminal

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Petition, at the intervention of the elders and well-wishers

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I Petitioners and the Respondent No2 have compromised the matter

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and both of the parties have voluntarily agreed and amicably settled

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the dispute by writing the terms as the crime registered was purely

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out of a commercial transaction and the petitioners have agreed to

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pay back to the Respondent No.2 r an amount of Rs. 93,05,690/-

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(Rupees Ninety-Three Lakhs Five thousand - six hundred and ninety

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only) lying at bank namely ICICI Branch at satara road, Pune by

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deducting 4,00,000/- (i.e. 89,05,690).

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:T?

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Counsel ior the Petitioners

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Petitioners
/

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Counsel for Respondent No2

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De-facto Complainant (Respondent No.2)

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/

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That in view of compromise being entered between the respondent No.2 and the petitioners and as both the parties are satisfied and the respondent No.2 agreed to with draw the case filed by him, and both the parties undertakes that no other cases are filed and nc» other cases are pending before any authority/court except the instant case and both the parties undertakes that no further cases will be filed against each other with regard to the subject transaction. This Hon’ble Court in the interest of justice and on equity, exercising its power under the inherent jurisdiction. may be pleased to quash the complaint to stop the abuse of process of law and to meet the ends of justice.

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Amaravathi, Date;

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I

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Counsel/forthe Petiti ners

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Counsel for Respondent f)lo2

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./n
Petitioners
1^
De-facto Complainant %
(Respondent No.2)

Ajay Arun Gaikwad, v. The State of Andhra Pradesh

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Ajay Arun Gaikwad, v. The State of Andhra Pradesh

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