RACHAKONDA NAGA SURAJ v. THE STATE OF ANDHRA PRADESH
CRLRC/575/2024 · 2026-04-09
Venkata Jyothirmai Pratapa
body2024
DailyLaw.ai
[ 2024 DAILYLAW 1767 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2024 DAILYLAW 1767 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010279212024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL REVISION CASE No. 575/2024 Between:
1. RACHAKONDA NAGA SURAJ, S/O. DINAKAR, AGED 27 YEARS, OCC PRIVATE EMPLOYEE R/O.D.NO.50-22-4, FLAT NO.302, SREE SRINIVASAM, T.P.T. COLONY, SEETHAMMADHARA, VISAKHAPATNAM.
2. RACHAKONDA SATYA KAMESWARI,, W/O. DINAKAR, AGED 55 YEARS, OCC: HOUSEHOLD,
R/O.D.NO.50-22-4, FLAT NO.302,
SREE SRINIVASAM, T.P.T. COLONY, SEETHAMMADHARA, VISAKHAPATNAM.
3. RACHAKONDA DINAKAR,, S/O. LAKSHMAN MURTHY, AGED 63 YEARS, OCC: RETIRED GOVT. EMPLOYEE R/O.D.NO.50-22-4, FLAT NO.302, SREE SRINIVASAM, T.P.T. COLONY,
SEETHAMMADHARA, VISAKHAPATNAM.
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMARAVATHI.
2. RACHAKONDA KRISHNA PRIYA, W/O. NAGA SURAJ D/O. MAHAV SHARMA, AGED ABOUT 25 YEARS, R/O. FLAT NO. 101, SAROJINI HEIGHTS, BRODIPET - 1/17, GUNTUR DISTRICT - 522 002.
...RESPONDENT(S): Revision filed under Section 397/401 of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to allow the Criminal Revision by setting aside the
Order Dt.25.06.2024 passed in Crl.MP.No.317/2024 in Crl.A.No.87/2024 on the file of the Court of the Hon’ble Principal District & Sessions Judge, Guntur IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dispense with the filing of the certified copy of the order Dt.15.11.2022 made in D.V.C.No.19/2022 on the file of court of The Judicial Magistrate of I Class, Special Mobile Court, Guntur, and pass
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IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the order Dt.15.11.2022 made in D.V.C.No 19/2022 on the file of court of The Judicial Magistrate of I Class, Special Mobile Court, Guntur and the order Dt.25.06.2024 in Crl.MP.No.317/2024 IN Crl.A.No.P7/2024 on the file of the Court of the Hon'ble Principal District & Sessions Judge, Guntur, pending disposal of the above criminal revision and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit the Respondents No.2 to withdraw an amount of Rs. 1,20,000/- which was deposited by the revision petitioner before the trial court and to pass Counsel for the Petitioner(S):
1. V S K RAMA RAO Counsel for the Respondent(S):
1. YADLAPALLI VENKATA KALYANA CHAKRAVARTHI
2. PUBLIC PROSECUTOR
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APHC010438562024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL REVISION CASE NO: 981/2024 Between:
1. RACHAKONDA NAGA SURAJ,, S/O. DINAKAR, AGED 27 YEARS, OCC - PRIVATE EMPLOYEE, R/O.D.NO.50-22-4, FLAT NO.302, SREE SRINIVASAM, T.P.T.
COLONY, SEETHAMMADHARA, VISAKHAPATNAM. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMARAVATHI. 2. RACHAKONDA KRISHNA PRIYA, , W/O. NAGA SURAJ D/O. MAHAV SHARMA,AGED ABOUT 25 YEARS, R/O. FLAT NO. 101, SAROJINI HEIGHTS, BRODIPET - 1/17, GUNTUR DISTRICT - 522 002.
...RESPONDENT(S): Revision filed under Section 397/401 of Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the Criminal Revision Case, the High Court may be pleased to may be pleased to allow the Criminal Revision by setting aside the Order Dt.25.07.2024 passed in Crl.MP No.138/2023 in FCOP.No.329/2021 on the file of the Court of the Judge Family Court Guntur District, Guntur and to grant IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to dispense with the filing of the certified copy of the order Dt.25.07.2024 made in CrI.MP.No.138/2023 in FCOP.No.329/2021 on the file of the Court of the Judge Family Court Guntur District, Guntur, and pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to stay the order Dt.25.07.2024 made in CrI.MP.No.138/2023 in FCOP.No.329/2021 on the file of the Court of the Judge Family Court Guntur District, Guntur, pending disposal of the above criminal revision and pass Counsel for the Petitioner:
1. V S K RAMA RAO Counsel for the Respondent(S):
1. YADLAPALLI VENKATA KALYANA CHAKRAVARTHI
2. PUBLIC PROSECUTOR
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The Court made the following
COMMON ORDER:
These two criminal revision cases raise a common question and are, therefore, being disposed of by a common Order. Criminal Revision Case No.575 of 2024
This Criminal Revision Case is filed by the Petitioner/Appellants/Respondents under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS, 2023”) seeking to set aside the Order dated 25.06.2024 passed in Crl.M.P.No.317 of 2024 in C.A.No.87/2024 on the file of the Court of Principal District and Sessions Judge, Guntur.
Criminal Revision Case No. 981 of 2024
This Criminal Revision Case is filed by the Petitioner/Respondent under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short
“BNSS, 2023”) aggrieved by the Order dated 25.07.2024 in Crl.M.P.No.138 of 2023 in FCOP No.329 of 2021 on the file of the Court of Judge, Family Court, Guntur –cum-XII Additional District Judge, Guntur.
Facts of the case
The marriage of the Petitioner(Rachakonda Naga Suraj) and respondent No.2(Rachakonda Krishna Priya) was solemnized on 27.12.2020 as per caste customs. Out of wedlock, no children were born to them. Due to disputes, the couple are living separately. The respondent No.2/wife filed DVC No.19 of 2022 wherein, the learned Judicial Magistrate of First Class, Guntur by Order dated
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15.11.2022 partly allowed the DVC and granted monthly maintenance of Rs.20,000/- to the wife and Rs.5,000/- towards alternative accommodation under the provisions of the Domestic Violence Act. Against the said order, the respondent No.2/wife preferred CA No.87 of 2024 on the file of the Court of the Principal Sessions Judge, Guntur. In that, the Petitioner herein/husband filed Crl.M.P.No.317 of 2024 seeking stay of all further proceedings in DVC No.19 of
2022. The learned Sessions Judge, by Order dated 25.06.2024 partly allowed the Crl.M.P.No.317 of 2024 and directed the husband to deposit 50% of the arrears of maintenance amount granted by the trial Court on or before 10.07.2024. Questioning the same, the Petitioner/husband filed Crl.R.C.No.575 of 2024. The respondent No.2 /wife filed FCOP No.329 of 2021 on the file of the Court of the Judge, Family Court, Guntur seeking maintenance from the petitioner/husband. She also filed Crl.M.P.No.138 of 2023 seeking interim maintenance. The learned Judge, Family Court by order dated 25.07.2024 allowed Crl.M.P.No.138 of 2023 and granted interim maintenance ofRs.15,000/- per month to the respondent No.2/wife. Aggrieved thereby, the petitioner/husband filed Crl.R.C.No.981 of 2024. Heard Sri V.S.K.Rama Rao, learned counsel for the Petitioner, Sri Y.V.Kalyana Chakravarthy, learned counsel for respondent No.2 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No.1/State. Perused the material on record. 6
During pendency of the cases, at request of the parties, the matter is sent to A.P.High Court Mediation and Arbitration Centre, Amravati for mediation. According to the Mediation Report, the parties entered into a compromise agreement dated 12.02.2026. As per the terms and conditions of the said Agreement, the parties agreed to withdraw all the cases filed against each other and the husband agreed to pay a total sum of Rs.27,50,000/- the wife towards full and final settlement. Today, respondent No.2 appeared before this Court and was identified by her counsel on record. None represented for the Petitioner. Respondent No.2 would submit that she has received Rs.27,50,000/- from the Petitioner towards full and final settlement and permanent alimony.
Considering the submissions made and in the light of the report of A.P.High Court Mediation and Arbitration Centre, Amravati, which shows that the parties entered into the Compromise Agreement, these Criminal Revision Cases are disposed of. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA 10.04.2026 Mjl/*
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Criminal Revision Case Nos. 575 and 981 of 2024
10.04.2026
Mjl /*