APHC010212632022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6708 OF 2022 Between: 1. Sirigiri Sudheer Kumar, S/o. Sirigiri Srinivasulu, Aged about; 30 Army No. 161202G0K. L/Hav, working at 10 Engr. Regt. PIN - 914010, C/o. 56 APO, R/o. Qtr. No. A-961, HAL Colony. Bala Nagar, Tirumalagiri, Hyderabad, Telangana. 2. Sirigiri Srinivasulu, S/o. Late. Kondalah, Aged 55 years, Occ: Security Guard, R/o. Qtr No A-961, HAL Colony, Bala Nagar, Tirumalagiri, Hyderabad, Telangana, 3. Smt. Sirigiri Rukmini Devi, W/o, Srinivasulu, Aged 46 years, Occ: Housewife, R/o. Qtr. No. A-061, HAL Colony, Bala Nagar, Tirumalagiri, Hyderabad, Telangana. 4. Smt. Kaditham Sunitha @ Kaditham Sunitha, W/o. Kaditham Krishna Hari Prasad, Aged 25 years, Occ: Housewife, Air Force Station, Bathinda. 5. Kaditham Krishna Hari Prasad, S/o. Hussain, Aged 30 years, Occ; Employee, R/o Bhisina Mandi, Air Force Station, Bathinda. ...PETITIONERS/ACCUSED NOS. 1 TO 5 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court at Amaravathi, Through Giddalur Police Station, Prakasham District. years, R/o Bhisina Mandi 1 2. Smt. Sirigiri Swathi, W/o. Sirigiri Sudheer Kumar, Aged about: 25 years, Occ: Housewife, R/o. Qtr. No. A-961, HAL Colony, Bala Nagar, Tirumalagiri. Presently residing at H.No. 5-11-114, Dhobi Street, Giddalur Village and Mandal, Prakasham District, Andhra Pradesh ...RESPONDENTS/DEFACTO COMPLAINANT Petition under Section 482 of Cr.P.C., 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 C.C. No. 527 of 2020 on the file of the Hon'ble II Additional Civil Judge (Junior Division), Giddaluru for the offence Under Sections 498-A, 323 r/w. 34 of IPC and Sec. 3 and 4 of D.P.Act. [Prayer and Sections of IPC and D.P.Act are amended as per the Court order dated 24.02.2025 in I.A.No.1 of 2025 in Crl.P.No.6708 of 2022] lA NO: 2 OF 2022 Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the Petitioners / Accused Nos. 1 to 5 in C.C. No.527 of 2020 on the file of the Hon ble II Additional Civil Judge (Junior Division) Giddaluru, pending disposal of the main Criminal Petition. [C.C.No. 572 of 2020 is amended as C.C.No.527 of 2020 as per the Court Order dated 24.02.2025 in I.A.No.1 of 2025 in Crl.P.No.6708 of 2022] lA NO: 1 OF 2023 Petition under Section 482 of Cr.P.C., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioners herein to file additional grounds in the above Quash petition along with additional material papers in the interest of justice, as otherwise the petitioners herein would be put to irreparable loss and hardship. 7 Counsel for the Petitioners : SRI M.S.V.S.SUDHA RANI, ADVOCATE Counsel for Respondent No.1 : THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. Counsel for Respondent No.2 : SRI G.V.L.MURTHY, ADVOCATE The Court made the following ORDER : APHC010212632022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6708/2022 [3457] Between: ^ AF^^UT^n^v^lfDc^ SRINIVASULU. AGED years, army, no 161202G0K. L/HAV WORKING AT 10 ENGR. REGT. pin - 914010, C/O. 56 A PO R/O. OTR NO ^961 HAL COLONY. BALA NAGAR, TIRUMALAGIRI 'FELANGANA. 2.SIRIGIRI SRINIVASULU, S/0. LATE. KONDALAH AGED 55 YEARS guard, R/0 QTR no A-961, HAL COLONY BALA NAGAR, TIRUMALAGIRI, HYDERABAD, TELANGANA ^ RUKMINI DEVI. W/0, SRINIVASuLu, AGED 46 ^'^USEWIFE, R/0 QTR. NO. A-061. HAL COLONY /i NAGAR, TIRUMALAGIRI, HYDERABAD. TELANGANA. ^‘^’THAM SUNITHA@KADITHAM SUNITHA w/0 KADITHAM KRISHNA ILARI PRASAD. AGED 25 YEARS OCC HOUSEWIFE, R/O BHISINA MANDI ’ BATH IN DA. KRISHNA HARI PRASAD, S/0. HUSSAIN, AGED 30 SwTok°BATH,Nr°""^' I LYDERABAD AIR FORCE STATION, ...PETmONER/ACCUSED(S) AND ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATHI GIDDALUR POLICE STATION, PRAKASHAM DISTRICT 2.SMT SIRIGIRI SWATHI, W/0. SIRIGIRI SUDHEER KUMAR AGED ABOUT- 25 YEARS, OCC- HOUSEWIFE, R/O. QTR NrA-961 HA? COLONY, BALA NAGAR, TIRUMALAGIRI. PRESENTLY RESIDING dhobi street. GIDDALUR VILLAGE MANUAL. PRAKASHAM DISTRICT, ANDHRA PRADESH •■■RESP0NDENT/C0MPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Cnminal Pet't'on, the High Courtpleased to quash the proceedings in C.C. Giddari uru for the offence Under Sections 498-A, 323 r/w. 34 of I PC and Sec 3 and 4 of D.P.Act, in the interest of justice. Prayer and Sections u.P.Act are amended as per the Court order dated 24 02 2025 2025 in Crl.P.No.6708 of 2022 THROUGH AND of IPC and in I.A.No.1 of T II2II lA NO: 1 OF 202? Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition.the High Court may be pleased pleased to dispense with the filing of the certified copy of First Information Report in Crime No 291 of 2019 on the file of Police Station Bahadurpura , Hyderabad in the interest of justice and p3SS lA NO: 2 OF 2022 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition.the High Court may be pleased pleased to stay all further proceedings including appearance of the Petitioners / Accused Nos. 1 to 5 in C.C. No.7 of 2020 on the file of the Hon'ble II Addl. Junior Civil Judge Giddarluru. pending disposal of the main Criminal Petition in the interest of justice and pass lA NO: 1 OF 2023 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition.the High Court may be pleased pleased to permit the petitioners herein to file additional grounds in the above Quash petition along with additional material papers in the interest of justice, as otherwise the petitioners herein would be put to irrearable loss and hardship lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition.the High Court may be pleased may be pleased to list CrI.P.No 6708 of 2022 under the caption “FOR BEING MENTIONED “and be pleased to amend the C.C No. 572 / 2020 as C.C. No. 527 / 2020 and also to amend offences Under Sections 498 - A. 406 of IPC, Section 4 and 6 of D P Act as Under Sections. 498 - A, 323 RM 34 of IPC and Sec. 3 & 4 of D P Act wherever it occurs in the Order dt: 17.12.2024 passed by this Hon’ble Court in the above CrI.P, in the interest of justice and pass Counsel for the Petitioner/accused(S): 1.MSVS SUDHA RANI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2.G VLMURTHY The Court made the following; 7 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION ISIn.6708 of 20?? ORDER: 1. The petitioners are seeking quash of CC.No.527 of 2020 file of II Additional Junior Civil Judge, Giddalur. The petitioners are facing trial for the alleged offence under Sections 498-A, 406 I PC and section 4 and 6 of DP Act. on the 2. The learned counsel for the petitioners submit that the 1®' petitioner is working in the Indian Army as a Havaldar. It is submitted that the 2'’'^ respondent has filed a complaint alleging various offences and that marriage of the 1 2"d respondent was performed on 22.04.2018 at Hyderabad and that her parents have given Rs. 15.00,000/- in cash apart from 10 tulas of gold ornaments as dowry. It is also alleged that Rs.25,000/- was given in cash on demand of the petitioner to petitioner and the the 4^*^ petitioner. 3. It is submitted that a baby girl was born out of the wedlock of the 1®* petitioner and the 2'^'^ respondent and that the 2'^'^ respondent was further harassed to bring additional dowry of Rs.2,00,000/-. As the 1®* petitioner started neglecting the welfare of the 2^^^ respondent and their daughter. The 2"'^ respondent filed a complaint with the Army Officers and that the Army Officials also conducted counseling petitioner snd tried to however, the 1st complaint Pocify the ^^otinued his haras differences, sment. As such, a W'as filed. \ learned husband Parents of the petitioner and counsel further ef the 2'^^ submits that '■sspondent, the the 1st petitioners 2 petitioner N0.4 ; petitioner is the 3 are the sister of the 1 petitioner. IS, petitioner, petitioner N0.5 / 's the sf Sf ^^0 husband of the 4 th It is submitted that Carnage Force petitioner N0.4 / and that the 5th and is IS residing with her petitioner is also along with his Offer their husband serving in wife at the Indian Bathinda. together It is submitted that petitioners 4 and 5 a/ong with never stayed accused No.l However, the 4th and the '■espondent No.2 arraigned same roof. under Petitioner i accused /s 3s she happen as an petitioner. It is ® ^o be the sisister of the 1st IS roped i olso submitted that the s'ti married the 41^ petitioner i petitioner. ^or having '0 as a co accused 6- It is submitted that charge sheet none of the allegations I'ole for the and of the oompiaint Petitioners 2 assign any specific submitted that or the IS also to 5. It only vague Petitioners 2 omnibus to 5 which made ollegations cannot against the are offences 4 and 6 of DP ^oder Section constitute under Sectio 498-a of Ipc or offences Act. ns i 7. It is also submitted that none of the witnesses speak about the role of each of petitioners in commission of any of the offences. 8. The learned counsel for the 2"^ respondent submits that are specific allegations against the petitioners and that without relegating the matter to the trial, the case against the petitioners cannot be quashed when prima facie allegations are made against the petitioners in the complaint and the charge sheet. 9. The learned counsel for the petitioner places reliance Kahkshan Kausar Alias Sonam and others Vs. State of Bihar and others\ the Hon’ble Supreme Court has observed that the tendency of implicating relatives of the husband in matrimonial disputes, without analyzing the long term ramifications of a trial on the complainant as well as the accused. It was also held that false implication by way of general omnibus allegations would have to be dealt appropriately. there on 10. Heard the learned counsel for the petitioners, learned counsel appearing for the 2"'^ respondent and the learned Assistant Public Prosecutor for the State. Perused the material on record. 11. The specific allegation regarding the 1®‘ petitioner along with his parents approached the 2'"'^ respondent on 24.02.2019 at 10.00 ^ (2022) 6 see 599 hours and demanded the 2"" respondent to join the marital home only after bringing additional dowry and that without additional dowry they will not allow the 2"*^ respondent to the marital home IS concerned, the movement order issued by Left Colnol/Major/ Company Commander where the 1 had issued a movement order petitioner for training. \ petitioner was reporting to on 28.01.2019 sending the 1®‘ 12. On perusal of the record petitioners 2 to 5 can be considered none of the allegations against as prima facie allegations which would require consideration of the trial Court. Maintaining a case against petitioners 2 to 5 with the present set of facts and with the statements recorded of the listed witnesses, no purpose would be served in continuing the case against the petitioners 2 to 5. 13. The allegations against the petitioners 2 to 5 are prima facie vague, omnibus and without any basis and without corroborating evidence to drive home the them. any allegations against 14. On these considerations, this Court is of the considered view CC.No.527 of 2020 on the file of II Additional Junior Civil Giddalur is hereby quashed against petitioners 2 to 5. Judge, 7 inn 15. Accordingly, the criminal petition is allowed in-part. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SOI- U.SRIDEVI ASSISTANT REGISTRAR li //TRUE COPY// SECTION OFFICER To. 1. The II Additional Civil Judge (Junior Division), Giddaluru, Prakasam District. The Station House Officer, Giddalur Police Station, Prakasham District. One CC to Sri M.S.V.S.Sudha Rani, Advocate [OPUC] One CC to Sri G.V.L.Murthy, Advocate [OPUC] Two CC’s to the Public Prosecutor, High Court of A.P. at Amaravathi [OUT] Two CD Copies GPC TAC 2. 3. 4. 5. 6. t J \ HIGH COURT DATED: 20/08/2025 N ORDER CRLP NO. 6708 OF 2022 o\\ o ^ . Current Section S P partly allowing this criminal PETITION