IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2808 OF 2025 Between: Sheshy Bavani Vangapalli, W/o.Sambari Sandeep, aged 38 years, Occ: Business, R/o.8-2-547/1/3/101, Prime Rose Crest Apartment, Banjara Hills, Hyderabad - 34. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 2. Nagabhusanam Dasari, S/o.D.Sreeramulu, aged 47 years, Occ: Business, R/o.9-161-4, Dharmavaram Town, Sri Sathya Sai District, Andhra Pradesh. ...Respondent Petition filed under Section 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 FIR No. 51 of 2025, PS Dharmavaram I Town, Sri Sathya Sai District registered under Sections 318(4), 316(2) of BNS against the Petitioner/Accused. I.A. NO: 2 OF 2025 Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to stay all further proceedings in FIR No.51 of /2025, PS Dharmavaram I Town, Sri Sathya Sai District against the Petitioner/Accused. > This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ravi 'Ghaqdra Bejjaram, Advocate for the Petitioner and the Assistant Public ■ Prolecutor on behalf of the Respondent No.1 Court made the following: ORDER r ' 1 APHC010130612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2808/2025 Between: ...PETITIONER/ACCUSED Sheshy Bavani Vangapalli AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.RAVI CHANDRA BEJJARAM Counsel for the Respondent/complainant(S); 1. PUBLIC PROSECUTOR 2 The Court made the following order: This Criminal Petition is filed under Section 582 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS, 2023”) seeking to quash the proceedings initiated against the petitioner/accused in Crime.No.51 of 2025, dated 06.03.2025 of Dharmavaram I Town Police Station, Sri Sathya Sai District registered for the offences punishable under Sections 318(4) & 316(2) of the Bharatiya Nyaya Sanhita (for short “BNS”). Heard learned counsel for the petitioner/accused and learned Assistant 2. Public Prosecutor for the State. 3. Learned counsel for the petitioner submits that the petitioner is innocent of the offences much less the alleged offences initiated alleged against her and she was falsely implicated in the Crime No.51 of 2025 and arraigned as accused. He submits that the petitioner/accused and the 2"^^ respondent/cfe- facto complainant have business standard action and on account of the business standard action, the petitioner/accused fell due some amount to the 2"^^ respondent. Basing on the same, the 2"'^ respondent had filed a complaint. before the police for taking necessary action. He further submits that the dispute is purely civil in nature and conversion of such civil dispute giving colour of criminal offence is abuse of process of Court. In support of his contention, learned counsel for the petitioner, relied on the judgment of 3 Sarabjit Kaur v. State of Punjab and another\ and the relevant portion of the judgment reads as follows: “10. A breach of contract does not give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction. Merely on the allegation of failure to keep up promise will not be enough to initiate criminal proceedings. From the facts available on record, It Is evident that the respondent No. 2 had Improved his case ever since the first complaint was filed In which there were no allegations against the appellant rather It was only against the property dealers which was in subsequent complaints that the name of the appellant was mentioned. On the first complaint, the only request was for return of the amount paid by the respondent No. 2. When the offence was made out on the basis of the first complaint, the second complaint was filed with improved version making allegations against the appellant as well which was not there in the earlier complaint. The entire idea seems to be to convert a civil dispute into criminal and put pressure on the appellant for return of the amount allegedly paid. The criminal Courts are not meant to be used for settling scores or pressurise parties to settle civil disputes. Wherever Ingredients of criminal offences are made out, criminal courts have to take cognizance. The complaint in question on the basis of which F.I.R. was registered was filed nearly three years after the last date fixed for registration of the sale deed. Allowing the proceedings to continue would be an abuse of process of the Court." Considering the submissions of the learned counsel for the petitioners, 4. the proceedings initiated against the petitioner/accused herein in Crime No.51 of 2025 of Dharmavaram I Town Police Station, Sri Sathya Sai District, are hereby quashed. The Station House Officer, Dharmavaram I Town Police Station, is directed to follow the procedure contemplated under law for the purpose of investigation. 5. Accordingly, the Criminal Petition is disposed of. No costs. The miscellaneous petitions pending, if any, shall also stand closed. 1 2023 see ONLINE Se 210 Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPYII SEeTlON OFFieER To, 1. The Station House Officer, Dharmavaram I Town Police Station, Sri Sathya Sai District. 2. One CC to Sri Ravi Chandra Bejjaram Advocate [OPUC] 3. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 4. Three CD Copies. BSV gl HIGH COURT BSV DATED:17/03/2025 ORDER CRLP.No.2808 of 2025 2 7 MAR 2025 IfX W . Curreni Section ^ DISPOSING OF THE CRIMINAL PETITION WITHOUT COSTS