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High Court of Andhra Pradesh · body

2025 DAILYLAW 10639 (AP)

Kypa Lakshminarayana Reddy, v. The State of Andhra Pradesh,

CRLP/2649/2025 · 2025-03-12

Harinath N

body2025

Judgment text

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THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.2649 OF 2025 ORDER: 1. This criminal petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is filed by the petitionerseeking to quash the proceedings against the petitioners/A.2 to A.7 in Crime No.21 of 2025 of Pedda Mudiam Police Station, Kadapa District, registered against the petitioner for the alleged offence under Sections 85 of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State. 3. The learned counsel for the petitioners submits that petitioners 1 and 2 are the parents, petitioners 3 and 4 are the sisters, and petitioners 5 and 6 are the maternal uncles of A.1. The marriage between A.1 and the 2nd respondent/de facto complainant was solemnized on 25.05.2022. On account of certain marital disputes, the 2nd respondent/de facto complainant lodged a complaint with the police against her husband (A.1) and his family members. Based on the complaint, the police registered a case in Crime No.21 of 2025 for the alleged offences. The learned counsel further submits that the 2nd respondent filed a false complaint only after A.1 filed a petition under H.M.O.P. No.56 of 2024, invoking Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights. 4. The learned Assistant Public Prosecutor submits that the case is still at the investigation stage. -2- CRL.P. No.2649 of 2025 5. Considering the submissions of the learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing for the State, this Court deems it appropriate to dispose off the criminal petition by directing the Station House Officer, Pedda Mudiam Police Station, Kadapa District, to follow the procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 insofar as the petitioners are concerned, for the purpose of investigation in connection with Crime No.21 of 2025. 6. Accordingly, the criminal petition is disposed off. 7. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.12.03.2025 BV