APHC010166762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3778 OF 2025 Between: 1. AMARADI TRIVENI, w/o. Suri Babu, Aged about 49 years, R/o. D.No. 3- Kongara Residency, S.Atchutapuram, Madhura Nagar, 97/ l/E-3, 5th Floor, Kakinada, Kakinada District (Erstwhile East Godavari District). 2. Amaradi Suri Babu,, S/o. Kondaiah, Aged about 62 years, R/o. D.No. 3^ 97/1/E-3, 5th Floor, Kongara Residency, S.Atchutapuram, Madhura Nagar, Kakinada, Kakinada District (Erstwhile East Godavari District). 3. Sirigineedi Seetha Mahalakshmi @ Sri Lakshmi,, w/o. Satya Vara Prasad, R/o. D.No. 66-6-1 A, R.K.P Street, Opp More Aged about 33 years Shopping Mall, Narasannanagar, Kakinada, Kakinada District, (Erstwhile East Godavari District). Now at Madhurawada, Vishakhapatnam. 4. Sirigineedi Satya Vara Prasad,, s/o. Bheemeswara Rao, Aged about 42 R/o. D.No. 66-6-1 A, R.K.P Street, Opp More Shopping Mall, Kakinada, Kakinada District, District). Now at Madhurawada, Vishakhapatnam years, Narasannanagar, (Erstwhile East Godavari ...PETITIONERS AND 1. Medepalli Sri Harshitha, about 24 years, R/o D.No.66 Nagar, Kakinada, Kakinada District W/o Amaradi Giri Venkata Krishna Swamy, Aged , Narasanna -9-5/1, Dr.Kamalendranadh Street , (Erstwhile East Godavari District) 2. The State of Andhra Pradesh Kakinada (Erstwhile East Through Disha Women Police Station, Represented by its Public Godavari District) Prosecutor, High Court of Andhra Pradesh at Amaravati. ...RESPONDENTS Petition under Section 528 stated in thn m «^cumstances St e ,n he Memorandum of Grounds of Criminal Petition, the High Court may be pleased to QUASH the proceedings in C.C.No. 71 of 2024 pending Junior Civil Judge-cum-Additional Judicial Kakinada District (Erstwhile East Godavari on the file of the First Additional First Class Magistrate, Kakinada. District) jA NO: 1 OF 7091; Petition under Section 482 of Cr.P.C and 528 of BNSS circumstances stated in the Memorandum of Grounds High Court may be pleased to grant STAY of all further appearance in C.C.No.71 of 2024 praying that in the of Criminal Petition.the proceedings including pending on the file of the First Additional Judicial First Class Magistrate Kakinada District (Erstwhile East Junior Civil Judge-Cum- Kakinada Godavari District). Counsel for the Petitioners Counsel for the Respondents : Counsel for the Respondents : PUBLIC PROSECUTOR The Court made the following : SRI A K KISHORE REDDY SRI VV N NARAYANA RAO ORDER: 1 APHC010166762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3778 OF 2025 Between: 1. AMARADI TRIVENI, w/o. Suri Babu, Aged about 49 years, R/o. D.No. 3-97/ l/E-3, 5th pioor, Kongara Residency, S.Atchutapuram, Madhura Nagar, Kakinada, Kakinada District (Erstwhile East Godavari District). 2. Amaradi Suri Babu,, S/o. Kondaiah, Aged about 62 years, R/o. D.No. 3-97/1/E-3, 5th pioor, Kongara Residency, S.Atchutapuram, Madhura Nagar, Kakinada, Kakinada District (Erstwhile East Godavari District). 3. Sirigineedi Seetha Mahalakshmi @ Sri Lakshmi,, w/o. Satya Vara Prasad, Aged about 33 years, R/o. D.No. 66-6-1 A, R.K.P Street, Opp More Shopping Mail, Narasannanagar, Kakinada, Kakinada District, (Erstwhile East Godavari District). Now at Madhurawada, Vishakhapatnam. 4. Sirigineedi Satya Vara Prasad,, s/o. Bheemeswara Rao, Aged about 42 years, R/o. D.No. 66-6-1 A, R.K.P Street, Opp More Shopping Mall, Narasannanagar, Kakinada, Kakinada District, (Erstwhile East Godavari District). Now at Madhurawada, Vishakhapatnam ...Petitioner(S) AND 1. Swamy.^AgeTaToutTye'^s r7"d 2-state Of Andhra P a Stetion, Kakinada (ErstwWfe P°lice Krishna Dr. \ Court of Andhra ■ ■Respondent(S); REDDY Counsel for the Petitio <^ounse,for,heRes ^ REDDY,PUBLIC X'secutor' ^ The Court fnade the follow!mg: 3 - THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3778 OF 2025 ORDER: The learned counsel for the petitioners submits that the petitioners are arrayed as accused Nos. 2 to 5 in C.C. No. 71 of 2024 on the file of the Court of the First Additional Junior Civil Judge-cum-Additional Judicial First Class Magistrate, Kakinada, Kakinada District, for the alleged offences punishable under Sections 498-A, 417, and 506 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, registered at the Disha Women Police Station, Kakinada. Petitioner Nos. 1 and 2 are the parents of accused No.l; petitioner No.3 is the sister of accused No.l; and petitioner No.4 2. is the husband of accused No.l. It is contended by the learned counsel for the petitioners that the 1®‘ respondent has lodged a false complaint against the petitioners making vague allegations, and that there are no specific averments or material against the petitioners to attract the alleged offences. It is submitted that the police, without proper investigation, have recorded the statements of ten witnesses 3. V 4 between 21.12.2022 and L-W.1 and L.W.12 statements implicate petitioner Nos. 26.12.2022, and the statements of on 19.01.2024. However, none of these 3 and 4 in the commission of the alleged offences. It is further submitted that petitioner Nos. 3 and 4 were residing matrimonial affairs of accused No.1. separately and had no connection with the 4. Learned counsel for the 1®‘ respondent, however, submits petitioners and the that there are specific allegations against the matter involves disputed questions of fact, which are to be Assistant Public Prosecutor adjudicated during trial. The learned also opposed the petition. 5. Heard the learned counsel for the 1 Prosecutor for the State, record. counsel for the petitioners, the learned respondent, and the learned Assistant Perused the material Public available on 6. Upon perusal of the record, it is evident that there are no specific or direct allegations against petitioner Nos. 3 and 4 (accused Nos. 4 and 5). The against them do not Sections 498-A, 417, 506 IPC vague and general allegations made prima facie constitute any offence under and Sections 3 and 4 of the Dowry Prohibition Act. Further, it is not in dispute that petitioner Nos. 3 separately after their marriage and had no role overt act or role and 4 were living in the alleged incident. In the absence of any attributable to them, continuation of criminal proceedings against would amount to abuse of process of law. them allowed in part. The Accordingly, this Criminal Petition is in C.C. No. 71 of 2024 on the file of the Court of the 7. proceedings in First Additional Junior Civil Judge-cum-Additional Judicial First hereby quashed insofar as Class Magistrate, Kakinada, are petitioner Nos. 3 and 4 (accused Nos. 4 and 5) are concerned. sequel thereto, miscellaneous petitions, if any. As a Criminal Petition shall stand closed. There shall be SD/- B.PRASADA RAO assistant registrar pending in this 'V no order as to costs. //TRUE COPY// SECTION OFFICER To, Additional Junior Civil Judge Cum Additional l®^ Class Magistrate (Junior Division) Kakinada. SRI. A K KISHORE REDDY Advocate [OPUC] ST 1. The I 2. One CC to 3. One CC to SRI. VV N NARAYANA RAO Advocate [OPUC] Prosecutor High Court of Andhra Pradesh at 4. Two CCS to the Public Amaravathi [OUT] 5. Two CD Copies PNM TAC high court DATED;02/07/2025 \ ORDER CRLP NO. 3778 OF 2025 g 2 4 JUL 2»5 C9 ^ . Current Section . CRLP IS ALLOWING IN PART