SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

ANDHRA PRADESH HIGH COURT
B.S. Bhanumathi, J.
Nagandla China Subharao and Ors. – Petitioners
versus
State of Andhra Pradesh and Anr. – Respondents
I.A. Nos.2 and 3 of 2024 In/and Crl. Petition Nos.130, 131, 132 and 133 of 2024
Decided on 11.1.2024

Advocates:
Counsel for the Parties:
For the Petitioners:Somisetty Ganesh Babu, Advocate
For the Respondents: Public Prosecutor (AP)
For the Respondents:Kata Sambasiva Rao, Advocate

IMPORTANT POINT
A redundant criminal prosecution cannot be allowed to continue.

Headnote:

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – Section 3(1)(r), 3(1)(s), 3(2)(va) – Indian Penal Code, 1860 – Sections 323 and 324 r/w 34 – Criminal Procedure Code, 1973 – Sections 320 and 482 – Hurt – Common intention – Compounding of offence – Compromise between parties – Both parties have settled matter on advise of friends and well-wishers – Both parties have no issues against each other and they have compromised and settled differences – Both parties undertaking that they would not claim any further reliefs against each other and their family members respectively – As parties have entered into compromise, chances of conviction are bleak and remote – Criminal proceedings quashed. (Paras 7, 11 and 12)

Result: Criminal Petitions allowed.

ORDER (COMMON)

All these Criminal Petitions, under Section 482 of the Code of Criminal Procedure, 1973, (‘CrPC’) are filed seeking to quash the proceedings against the petitioners therein in Crime Nos.228 of 2023, 229 of 2023, 230 of 2023 and 227 of 2023 respectively on the file of Martur Police Station, Bapatla District.

2. During the pendency of these criminal petitions, I.A.Nos.2 & 3 of 2024 are filed by the de facto complainant under Sections 320(6) and 320 (2) CrPC, requesting to permit the parties to compound the offence and to record the compromise between the parties and consequently to quash the proceedings in Crime Nos.228 of 2023, 229 of 2023, 230 of 2023 and 227 of 2023 respectively on the file of Martur Police Station, Bapatla District.

3. All these criminal petitions arose out of different complaints between the same set of parties, however, the cause of action for all these complaints is one and the same.

4. For better appreciation, the offences alleged against the petitioners in each petition are detailed hereunder:—

Sl. No.

Criminal Petition No.

FIR Number

Name of the complainant

Offences alleged

(1)

130 of 2024 (filed by A1 to A19)

228 of 2023

Marturu Veeranjaneyulu

143, 147, 148, 452, 323, 324, 354 and 506 r/w 149 IPC.

(2)

131 of 2024 (filed by A1 to A18)

229 of 2023

Marturu Srikanth

323, 341 and 506 r/w 34 IPC

(3)

132 of 2024 (filed by A1 to A18)

230 of 2023

Chandolu Muntaj

427, 506 and 509 r/w 34 IPC

(4)

133 of 2024 (filed by A1 to A3)

227 of 2023

Nagandla Chinna Subba Rao

323, 324 r/w 34 IPC,  3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act

5. The prosecution case, briefly stated, in each of the complaint, is as follows:—

(a) The de facto complainant in Criminal Petition No.130 of 2024 is a resident of Martur, near Poleramma temple, Bapatla District and on 27.09.2023, at about 20.00 hours, when he along with his wife and children were taking meals and having heard a big sound in front of their house, they came out of the house and found a car bearing No.AP 39 JR 2566 driven by Nagandla Subba Rao dashed his bike which was parked on the margin of the road in front of their 132 & 133 of 2024 house. On questioning the same, A1 abused the complainant, beat on his face with hand and the complainant received injuries as the keys of the car hit him. Thereafter, A1 to A19 forming themselves into unlawful assembly assaulted the complainant and others by trespassing into his house armed with deadly weapons, voluntarily causing hurt with hands and legs and outraging the modesty of a woman and threatening the complainant and others in prosecution of their common object. On the basis of the complaint, a case in Crime No.228 of 2023 for the offences punishable under Sections 143, 147, 148, 452, 323, 324, 354 and 506 r/w 149 IPC came to be registered.

(b) The case of the de facto complainant in Criminal Petition No.131 of 2024 in the complaint given by him is to the effect that on 27.09.2023 at about 8 PM, while his elder brother, Marturu Veeranjaneyulu after parking his motor cycle on the road in front of their house and while his elder brother and sister-in-law were taking meals, one car bearing No. AP 39 JR 2566, driven by Nagandla Subba Rao with high speed dashed the motor cycle. On hearing the sound, his elder brother and sister-in-law came out of the house and when questioned, the said Subba Rao beat his brother with hands on his face and outraged the modesty of his sister-in-law by behaving indecently with her. Basing on his complaint, a case in 132 & 133 of 2024 Crime No.229 of 2023 for the offences under Sections 323, 341 and 506 r/w 34 IPC has been registered.

(c) The de facto complainant in Criminal Petition No.132 of 2024 is a government secondary grade teacher working in Kothapalem village school, Ballikuruva Mandal. She lodged complaint to the effect that on 27/28-09-2023 midnight at around 2 am, all the accused came in front of their

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top