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CDJ 2026 APHC 483 print Preview print print
Court : High Court of Andhra Pradesh
Case No : I.A.Nos.3 & 4 of 2026 In/And Criminal Petition No. 270 of 2026
Judges: THE HONOURABLE DR. JUSTICE Y. LAKSHMANA RAO
Parties : Mittapalli Siva Kunnar & Others Versus The State Of Andhra Pradesh, Rep. By Sho, Arundalpet Rural P.S.,Guntur, Guntur., Rep. By Public Prosecutor, High Court Of Andhra Pradesh, Amaravathi & Another
Appearing Advocates : For the Petitioners: S. Dilip Jaya Ram, Advocate. For the Respondents: Public Prosecutor.
Date of Judgment : 01-04-2026
Head Note :-
Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 528 -
Judgment :-

1. Criminal Petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for brevity the ‘BNSS’) by the Petitioners/Accused Nos.1 to 3, seeking to quash the proceedings against them in Cr.No.861 of 2025 on the file of the Arundalpet Police Station, Guntur District.

2. I.A.No.3 of 2026 has been filed by the Petitioner/de-facto complainant/Respondent No.2 seeking permission to compromise the proceedings in Cr.No.861 of 2025 on the file of Arundalpet Police Station, Guntur District against the Petitioners/Accused Nos.1 to 3.

3. I.A.No.4 of 2026 has been filed by the Petitioner/de-facto complainant/Respondent No.2 seeking to record the compromise between the Petitioner/de-facto complainant and the Petitioners/Accused Nos.1 to 3 as per the joint memo, and to quash the proceedings in Cr.No.861 of 2025 on the file of Arundalpet Police Station, Guntur District.

4. Today, when the matter was taken up for hearing, Petitioner No.1/Accused No.1 and Respondent No.2/de-facto complainant were present. They produced attested copies of their Aadhaar cards in proof of identity, which were placed on record. Both the learned Counsel identified the parties in open Court.

5. Petitioner No.2/Accused No.2 has been arrested and is in judicial custody in connection with Cr.No.861 of 2025. Petitioner No.3/Accused No.3, who is the daughter of Petitioner No.1 and sister of Petitioner No.2, is a married woman residing in Bangalore. She appeared through online mode.

6. The allegation of Respondent No.2 is that certain cotton bales were supplied to the Petitioners, but they failed to pay the amounts due. It is further submitted that Respondent No.2 has now received a sum of Rs.56,00,000/- from Petitioner No.1 towards the said transaction.

7. This Court enquired with Respondent No.2/de-facto complainant regarding his willingness to enter into compromise. He stated that he has voluntarily entered into compromise and has no objection to quash the proceedings against the Petitioners.

8. A joint memo has been filed stating that the dispute has been settled amicably and the entire amount has been received by Respondent No.2. Permission to record the compromise is granted.

9. Sri A.Sai Rohith, learned Assistant Public Prosecutor for the State, reported no objection to record the compromise.

10. Having considered the nature of allegations levelled by Respondent No.2 against the Petitioners, this Court is of the view that an offence under Section 409 read with Section 34 IPC is not made out in this case.

11. In view of the amicable settlement, I.A.Nos.3 and 4 of 2026 are allowed.

12. Consequently, the Criminal Petition is allowed and the proceedings in Cr.No.861 of 2025 on the file of Arundalpet Police Station, Guntur District, against the Petitioners/Accused Nos.1 to 3 are hereby quashed.

13. In view of the quashing of the proceedings in Cr.No.861 of 2025 on the file of Arundalpet Police Station, Guntur District, Petitioner No.2/Accused No.2, who is in judicial custody, shall be forthwith released, if not required in any other case, without insisting upon furnishing of sureties.

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