Back
APHC010586202023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3368]
(Special Original Jurisdiction)
MONDAY ,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 214/2024 Between:
1. C HEEKARAMILLI RAGHURAM, S/O YEDUKONDALU HINDU, MALE, 26 YEARS. DAILY WAGE EARNER R/O AMBEDKAR COLONY, MUTYALA VARI PALEM KARUGORUMILLI VILLAGE, ACHANTA MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH 2. C HEEKARAMILLI YEDUKONDALU, S/O CHEEKARAMILLI PEDA KONDAYYA HINDU, MALE, 51 YEARS. DAILY WAGE EARNER R/O AMBEDKAR COLONY, MUTYALA VARI PALEM KARUGORUMILLI VILLAGE, ACHANTA MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH 3. C HEEKARAMILLI SUDHAKAR, S/O CHEEKARAMILLI YEDUKONDALU HINDU, MALE, 29 YEARS. DAILY WAGE EARNER R/O AMBEDKAR COLONY, MUTYALA VARI PALEM KARUGORUMILLI VILLAGE, ACHANTA MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH 4. K ANKIPATI VENKATESWARA RAO @ VENKATESH, S/O KANKIPATI VENKATA RATNAM HINDU, MALE, 52 YEARS. DAILY WAGE EARNER R/O MUTYALA VARI PALEM KARUGORUMILLI VILLAGE, ACHANTA MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH 5. N AKKA VENKATESWARA RAO @ YUGANADHAR, S/O NAKKA MUTYALARAO HINDU, MALE, 43 YEARS. DAILY WAGE EARNER R/O MUTYALA VARI PALEM KARUGORUMILLI VILLAGE, ACHANTA MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH 6. C HADALAWADA PEDDIRAJU, S/O CHADALAWADA VISWANADHAM HINDU, MALE, 48 YEARS. DAILY WAGE EARNER R/O MUTYALA VARI PALEM KARUGORUMILLI VILLAGE, ACHANTA MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH
...PETITIONER/ACCUSED(S)
AND 1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS SUB- DIVISIONAL POLICE OFFICER, NARASAPUR SUB- DIVISION, NARASAPUR, WEST GODAVARI DISTRICT REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P, AT AMARAVATHI 2. D IDDE KUMARI, D/O DIDDE VENKATESH HINDU, FEMALE, 20 YEARS. UNMARRIED R/O AMBEDKAR COLONY, MUTYALA VARI PALEM KARUGORUMILLI VILLAGE, ACHANTA MANDAL WEST GODAVARI DISTRICT, ANDHRA PRADESH
...RESPONDENT/COMPLAINANT(S):
Counsel for the Petitioner/accused(S):
1. SARASCHANDRA BABU JAKKAMSETTY Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
2. K JOSEPH IA Nos.4 and 5 of 2024 in/and Criminal Petition No.214 of 2024
COMMON ORDER:
This Criminal Petition is filed by the petitioners/A.1 to A.6, under Section 482 of Code of Criminal Procedure, 1973, seeking to quash the proceedings in POCSO SC No.01.2022 under Sections 354-D, 313, 376(2)(N) and 509, 506 read with 34 of Indian Penal Code and Section 16 & 12 of POSCO Act, on the file of the Court of Special Judge for Speedy Trial of POSCO Act cases, West Godavari District, Eluru.
2. Sri Jakkamsetti Saraschandra Babu, learned counsel for the petitioners and Sri K.Joseph, learned counsel representing for the unofficial respondent No.2 (defacto-complainant) and Sri.A.Rohit, learned Assistant Public Prosecutor representing the State are present.
3. Today, when the matter is taken up, petitioners herein/Accused Nos.1 to 6 and 2nd respondent herein are present before this Court. They produced their respective aadhar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for 2nd respondent have identified both the parties in the open Court.
4. This Court has questioned 2nd respondent herein/de facto complainant with regard to compromise, and she categorically stated to that extent that she has voluntarily entered into compromise with the petitioners herein/Accused Nos.1 to 6. 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.
5. 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 POCSO SC No.01.2022 on the file of the Court of Special Judge for Speedy Trial of POSCO Act cases, West Godavari District, Eluru, against the petitioners herein/
Accused Nos.1 to 6 are hereby quashed.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.
____________________ _
B.V.L.N.CHAKRAVARTHI, J Dt. 12.08.2024 SAB 116 HON’BLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI I.A Nos.4 and 5 of 2024 in/and Criminal Petition No.214 of 2024 Dt.12-08-2024 SAB
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
