APHC010145812022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2450/2022 Between: 1. GANI PARVATHI REDDY, W/O. NARENDER, HINDU, AGED ABOUT 26 YEARS, R/O. NO.17, BALAJI STREET, VOC NAGAR, PERUMAL, KANCHEEPURAM, TAMILNAUD STATE. 2. PERUMAL NARENDER,, S/O. PERUMAL, AGED ABOUT 36 YEARS, R/O. NO.17, BALAJI STREET, VOC NAGAR, PERUMAL, KANCHEEPURAM, TAMILNAUD STATE. BOTH OF THEM PRESENTLY RESIDING D. NO. 2/5, FLAT 'C' SUPRABHA APARTMENTS, ARUMUGAM S7, VOC NAGAR, PAMMAL, CHENNAI ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMARAVATHI. 2. K LAKSHMI PRIYA, D/O. K.LAKSHMIKANTH REDDY, AGED ABOUT 27 YEARS, R/O. H.NO.3-138-1, FLAT NO.302, SRISAI NILAYAM APARTMENT, KURNOOL TOWN, KURNOOL DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. RAJA REDDY KONETI Counsel for the Respondent/complainant(S): 1. Y JAYA RAJU 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 ORDER: The instant petition under Section 482 of Code of Criminal Procedure, 19731 has been filed by the Petitioners/Respondent Nos.4 and 5 seeking quashment of proceedings against them in D.V.C.No.29 of 2021 on the file of the Court of Special Judicial Magistrate for Prohibition and Excise, Kurnool. 2. For the sake of convenience, the parties are referred to as they are arrayed in D.V.C.No.29 of 2021 before the trial Court. 3. Learned counsel for the Petitioners/Respondent Nos.4 and 5 would submit that the allegations leveled against the Petitioners are false and concocted. Learned counsel would further submit that the Petitioners never resided along with the family of the Complainant. Learned counsel would submit that there is no domestic relationship between the Petitioners and the Complainant and as such, the DVC is not maintainable against the Petitioners. It is submitted that there are absolutely no allegations to attract the domestic violence against the Petitioners. Hence, prayed for quashment of the DVC against the Petitioners. 4. Learned counsel for Respondent No.2/Complainant and the learned Assistant Public Prosecutor, in unison, would submit that there are specific allegations against the Petitioners herein in the commission 1 for short ‘Cr.P.C’ 3 of domestic violence and the same has to be proved during trial. Therefore, the proceedings against the Petitioners cannot be quashed at this stage. Hence, prayed for dismissal of the petition. Point for Determination 5. Having heard the submissions of the learned counsel representing both the parties, now the point that would emerge for determination is: Whether there are any justifiable grounds for quashment of the proceedings against the Petitioners/Respondent Nos.4 and 5 in D.V.C.No.29 of 2021 on the file of the Court of Special Judicial Magistrate for Prohibition and Excise, Kurnool? Determination by the Court 6. A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary; (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A court while sitting in Section 482 jurisdiction is not functioning as a court of appeal or a court of revision. It must exercise its powers to do real and substantial justice, depending on the facts and circumstances of the case. These powers must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence. 4 7. It is alleged in the petition in DVC 29 of 2021 that, the junior paternal uncle of the Complainant brought the match and got performed her marriage with Respondent No.1 on 21.06.2019 and at the time of marriage, as per the demand of Respondent Nos.1 to 5, the mother of the Complainant had given dowry of Rs.8.00 lakhs, 40 tulas of gold, 80 tulas of silver articles, household articles worth Rs.50,000/- and also cash of Rs.50,000/- for the clothes of Respondent No.1. Respondent No.6, who is the junior paternal uncle of the Complainant along with Respondent No.1 to 5 represented that Respondent No.1 had completed B.Tech and M.B.A and was working in FEDEX Company at Chennai and was getting salary of Rs.70,000/- per month at the time of marriage. After the marriage, Respondent Nos.1 to 4 started harassing her for additional dowry of Rs.5.00 lakhs. Subsequently, Complainant came to know that the job and educational qualifications of Respondent No.1 as represented by Respondent Nos.1 to 6, are false and he was not doing any job. On 25.08.2019, when the mother of the Complainant came to their house for settling the dispute amicably, Respondent Nos.1 to 5 abused her in filthy language and beat her and sent Respondent No.2 and her mother out of the house and asked her to bring additional dowry. It is further alleged that, though she got job in Secretariat, Respondent Nos.1 to 5 asked her not to go for the job. Though the same was informed to Respondent No.6, instead of settling the dispute, he also used to support Respondent Nos.1 5 to 5. Hence, she filed the present DVC against all the Respondents and also a case in Crime No.1 of 2020 for the offences under Sections 498-A and 420 read with 34 IPC and Sections 3, 4 and 6 of Dowry Prohibition Act. 8. As seen from the above, there are specific allegations leveled against the Petitioners, which would amount to domestic violence. It is a matter needs to be considered by the trial Court. This Court does not find any merits in the contentions raised by the learned counsel for the Petitioners and this cannot be considered as an exceptional case to quash the proceedings against the Petitioners in the above DVC. Hence, there are no tenable grounds to exercise the power under Section 482 Cr.P.C., and the petition deserves dismissal. 9. Accordingly, the Criminal Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.01.2025 Dinesh 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.2450 of 2022 Dt.09.01.2025 Dinesh