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Andhra Pradesh High Court - Amravati

Shaik Usman vs State Of Punjab And Another on 5 January, 2026

APHC010498042025
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                          [3396]
                          (Special Original Jurisdiction)

                   MONDAY,THE FIFTH DAY OF JANUARY
                    TWO THOUSAND AND TWENTY SIX

                                 PRESENT

  THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

                    CRIMINAL PETITION NO: 9807/2025

Between:

   1. SHAIK USMAN, S/O. CHINA MOULALI, AGED ABOUT 40 YEARS R/O.
      D.NO. 13. NEAR CHURCH, YANADULA COLONY, TADEPALLI(M),
      GUNTUR DISTRICT, ANDHRA PRADESH.

   2. SHAIK JAMEELA ALIAS JAMALBI, W/O. SHAIK USMAN, AGED
      ABOUT 40 YEARS, R/O. D.NO. 13. NEAR CHURCH, YANADULA
      COLONY, TADEPALLI(M), GUNTUR DISTRICT, ANDHRA PRADESH.

                                               ...PETITIONER/ACCUSED(S)

                                    AND

   1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC
      PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT
      AMARAVATHI.

   2. SHAIK SHARFUDDIN, S/O. MASTHAN, AGED ABOUT 57 YEARS
      R/O. D.NO. 13. NEAR CHURCH, YANADULA COLONY,
      TADEPALLI(M), GUNTUR DISTRICT, ANDHRA PRADESH.

                                      ...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 Courtmay be pleased to quash the proceedings in C.C. No. 470 of 2023 on the file of the Hon'ble Additional Junior Civil Judge, Mangalagiri, registered against the Petitioners for offences under Sections 447, 427, 294(B), 352, and 506 read with 34 IPC IA 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 may be pleased to dispense with the certified copies of Chargesheet in C.C. No. 470 of 2023 on the file of the Hon'ble Additional Junior Civil Judge, Mangalagiri, for offences under Sections 447, 427, 294(B), 352, and 506 read with 34 IPC IA 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 may be pleased to stay all proceedings against the petitioners/ accused no.1 and 2 herein in C.C. No. 470 of 2023 on the file of the Hon'ble Additional Junior Civil Judge, Mangalagiri, for offences under Sections 447, 427, 294(B), 352, and 506 read with 34 IPC, including their presence at the time of trial IA 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 pleased to permit me to compound the offences in C.C No. 470 of 2023, On the file of Hon'ble Additional Junior Civil Judge Mangalagiri registered for the offences under sections 447,427,294(B), 352 and 506 read with 34 of Indian Penal Code, 1860 and to pass IA NO: 4 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 pleased to record the compromise and allow the present quash petition by quashing the proceedings in C.C No. 470 of 2023, On the file of Hon'ble Additional Junior Civil Judge Mangalagiri registered for the offences under sections 447,427,294(6), 352 and 506 read with 34 of Indian Penal Code, 1860 and to pass Counsel for the Petitioner/accused(S):

1. SHAIK RAFI Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A Nos.3 and 4 of 2025 in/and Criminal Petition No:9807 of 2025 The Court made the following Common Order:
This instant Criminal Petition, under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioners/accused Nos.1 and 2, seeking to quash the proceedings against them in C.C No.470 of 2023 on file of the Additional Junior Civil Judge, Mangalagiri.

2. I.A.No.3 of 2025 is filed by the De-facto complainant/respondent No.2 seeking permission to permit him to compound the offences in C.C No.470 of 2023 on file of the Additional Junior Civil Judge, Mangalagiri.

3. I.A. No. 4 of 2025 is filed by the De-facto complainant/respondent No.2 seeking to record the compromise and quash the C.C No.470 of 2023 on file of the Additional Junior Civil Judge, Mangalagiri

4. Today, when the matter was taken up for hearing, the petitioners/accused Nos.1 & 2 and respondent No.2/de-facto complainant were 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 identified both the parties in open Court.

5. Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the State, is in attendance and reported no objection to record the compromise.

6. This Court enquired the de-facto complainant about his willingness to enter into compromise in the matter. He represented before the Court that he has voluntarily come forward for the compromise. The de-facto complainant further submitted that the case may be closed against the accused Nos.1 & 2. He does not want to prosecute the matter. The accused Nos.1 and 2 are directed to pay sum of Rs.10,000/- (Rupees Ten Thousand only) each to the defacto-complainant/respondent No.2. Accordingly, accused Nos. 1 and 2 have paid the said amount to the de-facto complainant, and the same has been endorsed on the Court bundle.

7. Considering the submissions and in the light of the judgment of the Hon'ble Apex Court in Gian Singh vs. State of Punjab and another1, since there is an amicable settlement between the parties, in the interest of justice, I.A.Nos.3 and 4 of 2025 are allowed. Consequently, the Criminal Petition is allowed, and the case against the accused Nos.1 and 2 in C.C No.470 of 2023 on file of the Additional Junior Civil Judge, Mangalagiri for the offence under Sections 447, 427, 294 (B), 352 and 506 r/w. 34 IPC, is hereby quashed.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

________________________________________________ JUSTICE Dr. VENKATA JYOTHIRMAI PRATAPA Date:05.01.2026 Ksj 1 2012(10)SCC 303