Mandapati Nithish @ Naveen Vs Mandapati Krishna Vamsi

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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WEDNESDAY,THE TWELFTH 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: 985 OF 2025

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Between:

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Mandapati Nithish @ Naveen, S/o CM Kirshnamurthy, age 22 years, Occ: Software Engineer, R/o. D. No. 3-53, Kunda Harijanawada, Bramhanapattu Tirupati Rural Mandal, Chittoor District.

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Mandapati Dinesh @ Deva, s/o CM Kirshnamurthy, aged 24 years, Occ; Student, R/o. D. No. 3-53, Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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Mandapati Rajesh, S/o M Venugopal, age 22 years, Occ; Software Engineer, R/o. D. No. 3-52, Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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Mandapati Seshagiri @ Sesadri, S/o. Vijay Kumar, age 27 years, Occ; Coolie, R/o. D. No. 3-32, Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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Mandapati Venkatadri, S/o. Late Rajaiah, Age 45 Years, Occ; Farmer, R/o. D. No.3-9, Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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Mandapati Vijay Kumar, S/o. M Lakshmaian, Age 57 years, Occ; Coolie, R/o D. No.3-32, Bramhanapattu H/wada, Tirupati Rural Mandal, Chittoor District.

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Meeshala Chandra Babu, S/o M Krishnaiah, Age 37 years, Occ; House Keeping, R/o D. No.2-46/a, OBR Kandraga village, Vadamalapeta Mandal, Chittoor District.

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Mode Sudarsan, S/o. Rama Chandraiah, age 45 years, Occ: Coolie, R/o. Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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...PETITIONERS/ACCUSED Nos. 1 to 8

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AND

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Mandapati Krishna Vamsi, S/o. Sankaraiah, Aged 25 yrs, R/o. D.No. 3-28, Kunda Harijanawada, Bramhanapattu, Tirupati^Rural Mandal, Chittoor District.

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

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...RESPONDENT/COMPLAINANTS

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Petition under Section 482 of Cr.P.C/528 of BNSS praying^thatinthe circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings against the Petitioners/Accused Nos. 1 to 8 in C.C.No.621/2023 on the file of V Addl. Junior Civil Judge -Cum- V Addl. Judicial Magistrate of First r Class, Tirupati which arose out of Cr.No.512/2021 of Tiruchanur Police Station, Tirupati District. I.A. NO: 1 OF 2025 Petition 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 permit the petitioner and the respondents/accused No. 1 to 8 to compromise the case in C.C.No.621/2023 on the file of V Addl. Junior Civil Judge -Cum- V Addl. Judicial Magistrate of First Class, Tirupati. I.A. NO: 2 OF 2025

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Petition 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 permit the Petitioner/de-facto complainant to compromise the case with the Respondents/Accused No. 1 to 8 in C.C.No.621/2023 on the file of V Addl. Junior Civil Judge -Cum- V Addl.

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Judicial Magistrate of First Class, Tirupati which arose out of Cr.No. 512/2021 of Tiruchanur Police Station, Tirupati District. I.A. NO: 3 OF 2025

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Petition 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 stay all further proceedings against the Petitioners/Accused No. 1 to 8 in C.C.No.621/2023^onthefileof V Addl. Junior Civil Judge -Cum- V Addl. Judicial Magistrate of First Class, Tirupati which arose out of Cr.No. 512/2021 of Tiruchanur Police Station, Tirupati 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 D. Purnachandra Reddy, Advocate for^{thePetitionersand} the Public Prosecutor on behalf of the Respondent No.2 and Sri G.Vijaya Saradi, Advocate for the Respondent No.1.

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The Court made the following: ORDER

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APHC010046572025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3368]

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(Special Original Jurisdiction)

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WEDNESDAY, THE TWELFTH 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: 985/2025

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Between:

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Mandapati Nithish @ Naveen and Others

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...PETITIONER/ACCUSED(S)

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AND

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...RESPONDENT/COMPLAINANT(S) Mandapati Krishna Vamsi and Others

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Counsel for the Petitioner/accused(S):

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1.D PURNACHANDRA REDDY

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Counsel for the Respondent/complainant(S):

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1.G VIJAYA SARADHI

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PUBLIC PROSECUTOR

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The Court made the following:

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2

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THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI

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lA Nos.1 and 2 OF 2025 in/and Criminal Petition No:985 OF 2025

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COMMON ORDER:

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This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein/A1 to A8, to quash the proceedings in C.C.No.621 of 2023 on the file of V Additional Magistrate of First Class, Tirupati, registered for the offences punishable under Section 307 read with 34 I PC.

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Today, when the matter is taken up, learned counsel for the petitioners herein/Accused, learned counsel for the respondent No.1/de facto complainant, learned Assistant Public Prosecutor representing the State are present before this Court. Victim is also appeared this Court physically. The complainant and accused produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for respondent No.1 identified their parties in the open Court. The concerned police officer is present before this Court and identified the parties.

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This Court questioned the respondent No. l/de facto complainant with regard to compromise, and he categorically stated to the extent that he has voluntarily entered into compromise with the petitioners

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3

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herein/Accused and there is no threat, coercion or^{undueinfluencein} arriving at the cornpromise. This Court is satisfied^{withtheidentification} of the parties and voluntariness in arriving at the^{compromise.Inview} of the compromise between the parties, the chances^{ofconvictionare} remote and bleak.

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In the light of judgment of the Hon’ble Apex Court^inthecaseof Gian Singh v. State of Punjab & another\ on quashing^ofcriminal case. when the parties entered into settlement and compromise,^the Criminal Petition is allowed and therefore, the proceedings in C.C.No.621 of 2023 on the file of V Additional Magistrate^{ofFirstClass,} Tirupati, is hereby quashed.

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Accordingly, l.A.Nos.1 and 2 of 2025 and Criminal Petition No.985 of 2025 are allowed.

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

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1 2012(9) SCALE 257

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Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTON OFFICER

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To,

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The Court of V AdditionaUunior Civil Judge-cum-V^{AdditionalJudicial} Magistrate of First Class, Tirupati, Chittoor District.

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One CC to Sri D.Purnachandra Reddy, Advocate [OPUC]

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One CC to Sri G.Vijaya Saradhi, Advocate [OPUC]

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

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Three CD Copies.

Dvr

HIGH COURT

DATED:12/02/2025

ORDER

CRLP.No.985 of 2025

THE CRIMINAL PETITION IS ALLOWED (IA.No.1 of 2025 & IA.No.2 of 2025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

CRLP.NO.

OF 2025

Between:

Mandapati Nithish @ Naveen, S/o CM Kirshnamurthy, age 22 years, Occ; Software Engineer, R/o. D. No. 3-53, Kunda Harijanawada, Bramhanapattu Tirupati Rural Mandal, Chittoor District.

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Mandapati Dinesti @ Oeva, s/o€M Kirsiirianiurthy, aged 24 years, Occ; Student, R/o. D. No. 3-53, Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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Mandapati Rajesh, s/o M Venugopal, age 22 years, Occ: Software Engineer, R/o. D. No. 3-52, Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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Mandapati Seshagiri (5) Sesadri, S/o. Vijay Kumar, age 27 years, Occ: Coolie, R/o. D. No. 3-32^ Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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Mandapati Venkatadri, S/o. Late Rajaiah, Age 45 Years, Occ: Farmer, R/o. D. No.3-9, Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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Mandapati Vijay Kumar, s/o. M Lakshmaiah, Age 57 years, Occ: Coolie,

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R/o D. No.3-32, Bramhanapattu H/wada, Tirupati Rural Mandal, Chittoor District.

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Meeshala Chandra Babu, s/o M Krishnaiah, age. 37 years, Occ: House Keeping, R/o D. No.2-46/a, OBR Kandraga village, Vadamalapeta Mandal, Chittoor District.

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Mode Sudarsan, S/o. Rama Chandraiah, age 45 years, Occ: Coolie,

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R/o. Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District.

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...mitionei's/Aticysed No. 1 to 8

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And

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Mandapati Krishna Vamsi,. S/o. Sankaraiah,, Aged 25 yrs, R/o. D.No. 3-28, Kunda Harijanawada, Bramhanapattu, Tirupati Rural Mandal, Chittoor District..

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

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J

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...Respondent/Complainant

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JOINT MEMO

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It is most respectfully submitted that the petitioners/accused^No.lto8 -any the respotident No.l/de-fdeto -com^jlainant herem fded the present joint Memo as the dispute between them was amicably settled^{attheinstanceof} elders and as they are living together happily in a cordial relationship.

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It is therefore prayed that this Hon'ble Court may be pleased to permit the Respondent No.1/Complainant to compromise the case with the Petitioners/Accused No. 1 to 8 in C.C.No.621/2023 on the file of V Addl. Junior Civil Judge -Cum- V Addl. Judicial Magistrate of First Class, Tirupati which arose out of Cr.No. 512/2021 of Tiruchanur Police Station, Tirupati District and to pass such other order or orders which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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Amaravati Dated:

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Counsel for tfle R^pdndent No.I

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Coun"^! mr the Petitioner

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H V“\t\v sl/x

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Resporrcfent/eonTplainant

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Petrtioner/AeeusedWa.l