APHC010141832021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2230/2021 Between: Naga Kishore Madras and others ...Petitioner/Accused(s) AND The State of Andhra Pradesh and others ...Respondent/Complainant(s) Counsel for the Petitioner/accused(s): 1. Pedapudi Priyavrath Counsel for the Respondent/complainant(s): 1. Public Prosecutor (AP) The Court made the following Order: The learned counsel for the petitioner submits that the petitioner is challenging the F.I.R. No.47 of 2020 on the file of Disha Women Police Station, Kakinada, East Godavari District, for the alleged offences under Sections 498-A, 323, 354(a) read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. It is submitted by the learned counsel for the petitioner that the 2nd respondent was married to the 1st petitioner after meeting through an online matrimony website, wherein the 2nd respondent had projected herself as unmarried. 2 HN, J Crl.P.NO.2230 of 2021 3. The learned counsel for the petitioner submits that the 2nd respondent was already married to one Chinthalapudi Venkata Naga Krishna Murthy, and the HMOP.No.302 of 2016 filed by her 1st husband was dismissed by the III Additional Senior Civil Judge, Kakinada, vide order dated 09.02.2017. 4. The 2nd respondent suppressed the fact of her 1st marriage and married the 1st petitioner. It is submitted that the 1st petitioner and 2nd respondent had filed HMOP.No.87 of 2021 on the file of III Additional Senior Civil Judge, Kakinada, and the same was decreed on 20.09.2021, dissolving the marriage between the 1st petitioner and 2nd respondent by the order of a Competent Court. 5. It is submitted that the 2nd respondent has again married one Mr. P.Pratap and has filed HMOP.No.293 of 2024 on the file of Principal Senior Civil Judge, Kakinada, for dissolution of marriage. 6. It is submitted that despite service of notice to the 2nd respondent, she is not appearing before this Court. The learned counsel for the petitioner submits that the 2nd respondent is in the habit of implicating the family members of the people she has married with the sole aim to extract money, and a similar attempt was made here too. 7. As this Court granted a stay of all further proceedings in F.I.R.No.47 of 2020, the 2nd respondent could not succeed in her attempts. Apart from this, the 2nd respondent has lost interest in this present case and is not representing this matter. 3 HN, J Crl.P.NO.2230 of 2021 8. The learned Assistant Public Prosecutor submits that there are specific allegations against the petitioner, and therefore, prays for the dismissal of the quash petition. 9. Perused the material available on record. 10. Heard learned counsel for the petitioner and learned Assistant Public Prosecutor. 11. There is no representation for the 2nd respondent today also. 12. Considering the manner in which the 2nd respondent had filed a complaint without any specific allegations against any petitioners. The parents of the 1st accused and brother of the 1st accused are implicated without any specific allegations. The 1st accused and the 2nd respondent also have dissolved their marriage by an order of the Court. 13. As seen from the allegations in the divorce petition and the allegations in the complaint, there are several allegations which do not find place in the complaint herein. Considering the inconsistency in the stand taken by the 2nd respondent, this Court finds it an appropriate case to exercise its extraordinary jurisdiction under Section 482 of the Cr.P.C. 14. Crime No.47 of 2020 on the file of Disha Women Police Station, Kakinada, East Godavari District is hereby quashed against the petitioners. 4 HN, J Crl.P.NO.2230 of 2021 15. Accordingly, the Criminal Petition is allowed. Interlocutory applications, if any, pending shall stand closed. ___________________ JUSTICE HARINATH.N Date: 08.04.2025 BSK 5 HN, J Crl.P.NO.2230 of 2021 76 THE HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No:2230 of 2021 Date: 08.04.2025 BSK