Andhra Pradesh High Court - Amravati
Sandaka Suresh vs The State Of Andhra Pradesh on 16 July, 2025
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APHC010341802025
Hi'H IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI A
Of
WEDNESDAY, THE SIXTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
I.A Nos.1 and 2 of 202^
in/and
CRIMINAL PETITION NO: 7193 OF 2025
Between:
1. Sandaka Suresh, S/o Panasayya, Aged about 27 years. R/o
Krishnavaram Village Kirlampudi Mandal, East Godavari District.
2. Gandham Srinu, S/o Venkata Rao, Aged about 35 years, R/o Marlava
Village. Peddapuram Mandal, East Godavari District.
3. Gandham Swamy, S/o Venkata Rao, Aged about 25 years, R/o Marlava
Village, Peddapuram Mandal, East Godavari District.
4. Gandham Venkata Rao, S/o Pallarao, Aged about 65 years, R/o
Marlava Village, Peddapuram Mandal, East Godavari District.
5. Sandaka Srinu, S/o Panasayya, Aged about 31 years, R/o Marlava
Village, Peddapuram Mandal, East Godavari District.
6. Sandaka Panasayya, S/o Surya Rao, Aged about 60 years, R/o
Krishnavaram Village, kirlampudi Mandal, East Godavari District.
...Petitioners/Accused No.1 to 6
AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court
of Andhra Pradesh, at Amaravati
y
2. Bodiredla Subba Rao, S/o Tata Rao, Aged about 30 years, R/o
Krishnavaram Village, kirlampudi Mandal, East Godavari District.
...Respondents
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition, the
High Court may be pleased to quash the proceedings in S.C.No. 162/2017
Dated: 05.11.2018 on the file of the court of the Assistant Sessions Judge,
Peddapuram, challenged in C.A. No. 377 of 2018 on the file of the VII
Additional District Judge (Fast Track Court) Peddapuram, East Godavari
District.
lA NO: 1 OF 2025
Between:
Bodiredla Subba Rao, S/o Tata Rao, Aged about 30 years, R/o
Krishnavaram Village, kirlampudi Mandal, East Godavari District.
...Petitioners/Respondent No.2
AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court
of Andhra Pradesh, at Amaravati. (R1)
2. Sandaka Suresh, S/o Panasayya, Aged about 27 years, R/o
Krishnavaram Village Kirlampudi Mandal, East Godavari District.
3. Gandham Srinu, S/o Venkata Rao, Aged about 35 years, R/o Marlava
Village, Peddapuram Mandal, East Godavari District.
4. Gandham Swamy, S/o Venkata Rao, Aged about 25 years, R/o Marlava
Village, Peddapuram Mandal, East Godavari District.
5. Gandham Venkata Rao, S/o Pallarao, Aged about 65 years, R/o
Marlava Village, Peddapuram Mandal, East Godavari District.
6. Sandaka Srinu, S/o Panasayya, Aged about 31 years, R/o Marlava
Village, Peddapuram Mandal, East Godavari District.
7. Sandaka Panasayya, S/o Surya Rao, Aged about 60 years, R/o
Krishnavaram Village, kirlampudi Mandal, East Godavari District.
...Respondents
r
Petition under Section 320 (6) of Cr.P.C and 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 petitioners herein to
enter into compromise in the CRL.P.No. of 2025 in calendar and judgment Dt;
05.11.2018, passed in S.C.No 162/2017 on the file of the court of the
Assistant Sessions Judge, Peddapuram, thereby allowing the Appeal in
C.A.No. 377 of 2018 pending before the Court of the Additional District Judge
Peddapuram of East Godavari District registered for the offences under
Section 307 of I PC.
lA NO: 2 OF 2025
Between:
Bodiredia Subba Rao, S/o Tata Rao, Aged about 30 years, R/o
Krishnavaram Village, kirlampudi Mandal, East Godavari District.
...Petitioners/Respondent No.2
AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court
of Andhra Pradesh, at Amaravati. (R1)
2. Sandaka Suresh, S/o Panasayya, Aged about 27 years, R/o
Krishnavaram Village Kirlampudi Mandal, East Godavari District.
3. Gandham Srinu, S/o Venkata Rao, Aged about 35 years, R/o Marlava
Village, Peddapuram Mandal, East Godavari District.
4. Gandham Swamy, S/o Venkata Rao, Aged about 25 years, R/o Marlava
Village, Peddapuram Mandal, East Godavari District.
5. Gandham Venkata Rao, S/o Pallarao, Aged about 65 years, R/o
Marlava Village, Peddapuram Mandal, East Godavari District.
6. Sandaka Srinu, S/o Panasayya, Aged about 31 years, R/o Marlava
Village, Peddapuram Mandal, East Godavari District.
%
7. Sandaka Panasayya, S/o Surya Rao, Aged about 60 years, R/o
Krishnavaram Village, kirlampudi Mandal, East Godavari District.
...Respondents
Petition under Section 320 (2) of Cr.P.C and 359 (2) 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 entered
between the Petitioner and the 2nd Respondent and set aside the calendar
and judgment Dt: 05.11.2018, passed in S.C.No 162/2017 on the file of the
court of the Assistant Sessions Judge, Peddapuram, thereby allowing the
Appeal in C.A.No. 377 of 2018 pending before the Court of the Additional
District Judge Peddapuram of East Godavari District registered for the
offences under Section 307 of I PC.
*Joint compromise memo enclosed vide separate sheet
lA NO: 3 OF 2025
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition, the
High Court may be pleased stay all further proceedings in C.A. No 377 of
2018 dated 23.08.2024 on the file of the court of the VII Additional District
Judge (FTC), Peddapuram, East Godavari District. Pending disposal of the
quash petition.
Counsel for the Petitioners: Sri Sivaprasad Reddy Venati
Counsel for the Respondent No.1: Public Prosecutor
Counsel for the Respondent No.2: Sri P Ravikanth
The Court made the following order:
1
APHC010341802025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
[3396]
(Special Original Jurisdiction)
WEDNESDAY,THE SIXTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 7193/2Q2fi
Between:
1.SANDAKA SURESH, S/0 PANASAYYA, AGED ABOUT 27 YEARS,
R/0 KRISHNAVARAM VILLAGE KIRLAMPUDI MANUAL, EAST
GODAVARI DISTRICT
2.GANDHAM SRINU,. S/0 VENKATA RAO, AGED ABOUT 35 YEARS
R/O MARLAVA VILLAGE, PEDDAPURAM MANDAL, EAST
GODAVARI DISTRICT.
3.GANDHAM SWAMY,, S/0 VENKATA RAO, AGED ABOUT 25 YEARS,
R/O MARLAVA VILLAGE PEDDAPURAM MANDAL EAST
GODAVARI DISTRICT.
4.GANDHAM VENKATA RAO
vcAoo PALLARAO, aged about 65
YEARS, R/O MARLAVA VILLAGE, PEDDAPURAM MANDAL, EAST
GODAVARI DISTRICT.
5.SANDAKA SRINU,, S/0 PANASAYYA, AGED ABOUT 31 YEARS, R/O
MARLAVA VILLAGE, PEDDAPURAM MANDAL, EAST GODAVARI
DISTRICT.
® PANASAYYA,, S/0 SURYA RAO, AGED ABOUT 60
YEARS, R/O KRISHNAVARAM VILLAGE, KIRLAMPUDI MANDAL,
EAST GODAVARI DISTRICT.
...PETITIONER/ACCUSED(S)
AND
1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC
PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT
2
0
AMARAVATI
2.B0DIREDIA SUBBA RAO, S/0 TATA RAO, AGED ABOUT 30 YEARS,
R/0 KRISHNAVARAM VILLAGE, KIRLAMPUDI MANDAL, EAST
GODAVARI DISTRICT.
...RESPONDENT/COMPLAINANT(S):
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
praying that in the circumstances stated in the Memorandum of Grounds of
Criminal Petition, the High Court pleased to record the compromise entered
between the Petitioners and the 2nd Respondent and set aside the calendar
and judgment Dt: 05.11.2018, passed in S.C.No 162/2017 on the file of the
court of the Assistant Sessions Judge, Peddapuram, thereby allowing the
Appeal in C.A. No. 377 of 2018 pending before the Court of the Learned
Additional District Judge Peddapuram, East Godavari District and pass
lA NO: 1 OF 2025
Petition under Section 482 of Cr.P.C and 528 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 petitioners herein to enter into
compromise in the CRL.P.No. OF 2025 in calendar and judgment Dt;
05.11.2018, passed in S.C.No 162/2017 on the file of the court of the
Assistant Sessions Judge, Peddapuram, thereby allowing the Appeal in
C.A.No. 377 of 2018 pending before the Court of the Learned Additional
District Judge Peddapuram of East Godavari District registered for the
offences under Section 307 of I PC and be pleased to pass
lA NO: 2 OF 2025
Petition under Section 482 of Cr.P.C and 528 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 entered between the
Petitioner and the 2nd Respondent and set aside the calendar and judgment
Dt: 05.11.2018, passed in S.C.No 162/2017 on the file of the court of the
Assistant Sessions Judge, Peddapuram, thereby allowing the Appeal in
C.A.No. 377 of 2018 pending before the Court of the Learned Additional
District Judge Peddapuram of East Godavari District registered for the
offences under Section 307 of IPC and be pleased to pass
lA NO: 3 OF 2025
3
Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the
circumstances stated in the Memorandum of Grounds of Criminal Petition,the
High Court may be pleased stay all further proceedings in C.A. No 377 of
2018 dated 23.08.2024 on the file of the court of the VII Additional District
Judge (FTC), Peddapuram, East Godavari District. Pending disposal of the
quash petition, and pass
Counsel for the Petitioner/accused(S):
1.SIVAPRASAD REDDY VENATI
Counsel for the Respondent/complainant(S);
1.P RAVIKANTH
2.PUBLIC PROSECUTOR
. - y
4
%
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
I.A.Nos.l and 2 of 2025
In/and
CRIMINAL PETITION NO: 7193/2025
COMMON ORDER:
The instant Criminal Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for short 'BNSS act') has been filed, by the Petitioners/accused Nos.1 to 6, seeking to record the compromise entered between the parties and set aside the calendar and judgment dated 05.11.2018 passed in SC No.162 of 2017, on the file of the court of Assistant Sessions Judge, Peddapuram and thereby allowing the appeal in C.A.No.377 of 2018 on the file of VII Additional District Judge (FTC), Peddapuram, East Godavari District.
2. Today, when the matter is taken up for hearing, petitioners/accu sed No.1 to 6 and the respondents No.2/complainant are present before this / Court. They produced their respective attested copies of Aadhar cards in proof of their identity and the same were placed on record for proper identification. Both the learned counsel on record have identified both the parties in the open Court.
3. The complainant/respondent No.2 represented that he has voluntarily come forward to enter into compromise in this case since all the accused are his friends and neighbors and there is no force or fear to enter the compromise in this case.
54. Learned Assistant Public Prosecutor would submit that compromise may be recorded since the complainant/respondent No.2 himself realized that there is no case to prosecute.
5. Considering the submissions made, it is apposite to allow the I.A.Nos.1' and 2 of 2025 by setting aside the calendar and judgment dated 05.11.2018 passed in SC No.162 of 2017, on the file of the court of Assistant Sessions Judge, Peddapuram and thereby allowing the appeal in C.A.No.377 of 2018 on the file of VII Additional District Judge (FTC), Peddapuram, East Godavari District.
6. Accordingly, LA.Nos.1 and 2 are allowed.
7. Since both the parties entered into compromise, no further orders are required in this matter. Accordingly, this Criminal Petition is allowed.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/-B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// ;rSECTION ^ OFFICER To,
1. The VII Addl. District Judge (FTC), Peddapuram, East Godavari District.
2. The Additional District Judge, Peddapuram, East Godavari District.
3. The Assistant Sessions Judge, Peddapuram, East Godavari District.
4. The Judicial First Class Magistrate, Prathipadu, East Godavari District
5. The Sub-Inspector of Police, Kiralampudi Police Station, East Godavari District.
6. One CC to Sri Sivaprasad Reddy Venati Advocate [OPUC]
7. One CC to Sri P Ravikanth Advocate [OPUC]
8. Two CC's to The Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT]
9. Two CD Copies SAM sree ♦along with joint compromise memo to the addresses HIGH COURT DATED:16/07/2025 COMMON ORDER I.A Nos.1 and 2 of 2025 in/and 5 ofAuej® 5»J Currant Stcinn CRLP No. 7193 of 2025 ALLOWING THE I.A Nos.1 and 2 of 2025 AND ALLOWING THE CRLP iJOINTMEMO_RLEDBY J^^^i-PgliHONERS AMn oND
1. RESPOMnFKij It IS submitted that'the record the compromise above criminal petition is filed by the petitioners to and set aside the entered between the Petitioner and the 2"^ Respondent 162/2017 on the file of the thereby allowing the Appeal 'n■ C.A. cTr?''"' No. 377 of 2018 of the Learned Additional pending before the Court District Judge Peddap uram registered for the offences under Section 307 of IPC.
2- That due intervention of elders and well-wi 2nd respondent entered into wishers, the petitioners and the compromise and agreed to the parties hereto have resolved the differences settle the disputes. That to settle their differences on the following terms; among themselves and agreed
a) That the 2"<' Respondent has entered into withdraw the compromise and agreed to case against the petitioners herein and not interested in the criminal pu.rsuing case in in S.C no 162/2017 ^ on the file of the Sessions Judge, Peddapuram and Criminal Appeal court of the Assistant VN Additional District no 377 of 2018 on the file Judge (FTC) Peddapuram registered for the offences ' Godavari District, under Section 307 of IPC.
b) That the 2« Respondent has no objection to record the compromise entered between the Petitioner and the 2« Respondent calendar and judgment Dt: 05-11-2018, i and set aside the passed in S.C no 162/2017 on the file Ofthe court Of the Assistant Sessions Judge, Peddap uram, thereby allowing the
- of the Learned uram As such we have filed a petition seeking the Hon'ble Court to record the .
compromise. The contents mentioned in the said compromise petition are true and correct to the best of our knowledge and belief. The said compromise is entered with our free will and consent and without any undue influence from anyone. Hence, we are filing the present Joint Memo.
Hence the Joint Memo.
1. Sandaka Suresh (A1)
2.
Gandham Srinu (A2) , '
o liSJ
3.
Gandham Swamy (A3)"
4.
Gandham Venkata Rao {A4) ,
5.
Sandaka Srinu (A5) -
6.
Sandaka Panasayya (A6) Bodiredla Subba Rao
(Defacto Complainant)
CounswferPetitloners Counsel for 2"^^ Respondent