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2025 DAILYLAW 17042 (AP)

NANDYALA RAVITEJA v. THE STATE OF ANDHRA PRADESH

CRLP/3469/2023 · 2025-07-31

Venkata Jyothirmai Pratapa

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Judgment text

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APHC010229262023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.3469 of 2023 Between: 1. Nandyala Raviteja, S/o Ramakrishnam Raju, age 33 years, Occ: Business, R/o Flat No. 108, Sampath Paradise, Rayalam Village, Bhimavaram, West Godavari District. 2. Nandyala Mohana Krishnaveni Divya, W/o Nandyala Raviteja, age 31 years, Occ: House wife, R/o Flat No. 108, Sampath Paradise, Rayalam Village, Bhimavaram,West Godavari District. 3. Pathapati Venkata Krishnama Raju @ Krishnama Raju, S/o Ramakrishnama Raju, age 55 years, Occ: Cultivation, R/o Near Shivalayam Temple, Jakkaram Village, Kalla Mandal, West Godavari District. 4. Pathapati Sridevi, W/o P.Venkata Krishnama Raju @ Krishnama Raju House wife, R/o Near Shivalayam Temple age 51 years, Occ: Jakkaram Village, Kalla Mandal, West Godavari District. ...Petitioners/Accused 3 to 6 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi through P.S. Bhimavaram II Town. i ... Respondent/State 2. Smt Nandyala Yamini Devi, W/o Mohana Murali Krishnama Raju, age 24 years, Occ; House wife, R/o Mulugurtu Naganna Street, Bhimavaram, West Godavari District. ...Respondent/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 call for the records and quash the proceedings against the petitioners in connection with CC.No.1203 of 2020, on the file of II Additional Judicial Magistrate of First Class, Bhimavaram, West Godavari District. lA NO: 2 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 stay all further proceedings including appearance of the petitioners in connection with CC.No.1203 of 2020, on the file of II Additional Judicial Magistrate of First Class, Bhimavaram, West Godavari District, pending disposal of the Quash Petition. Counsel for the Petitioners : Sri K V L Narasimha Rao Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: None Appeared The Court made the following Order: APHC010229262023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3469/2023 [3396] Between: 1.NANDYALA RAVITEJA, S/0 RAMAKRISHNAM RAJU, AGE 33 YEARS, OCC. BUSINESS, R/0 FLAT NO.108, SAMPATH PARADISE, RAYALAM VILLAGE, BHIMAVARAM, WEST GODAVARI DISTRICT. 2.NANDYALA MOHANA KRISHNAVENI DIVYA, W/0 NANDYALA RAVITEJA, AGE 31 YEARS, OCC. HOUSE WIFE, R/0 FLAT NO.108, SAMPATH PARADISE, RAYALAM VILLAGE, BHIMAVARAM, WEST GODAVARI DISTRICT 3.PATHAPATI VENKATA KRISHNAMA RAJU @ KRISHNAMA RAJU, S/0 RAMAKRISHNAMARAJU, AGE 55 YEARS, OCC. CULTIVATION, R/0 NEAR SHIVALAYAM TEMPLE, JAKKARAM VILLAGE, KALLA MANDAL, WEST GODAVARI DISTRICT. 4.PATHAPATI SRIDEVI, W/0 P.VENKATA KRISHNAMA RAJU @ KRISHNAMA RAJU, AGE 51 YEARS, OCC. HOUSE WIFE, R/0 NEAR SHIVALAYAM TEMPLE WEST GODAVARI DISTRICT. JAKKARAM VILLAGE, KALLA MANDAL, ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PROSECUTOR, HIGH COURT OF ANDHRA AMARAVATHI THROUGH P.S. BHIMAVARAM II TOWN. 2.SMT NANDYALA YAMlNI DEVI, W/0 MOHANA MURALI KRISHNAMA RAJU, AGE 24 YEARS, OCC. HOUSE WIFE, R/0 MULUGURTU NAGANNA STREET, BHIMAVARAM, WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): PUBLIC PRADESH AT Counsel for the Petitioner/accused(S): I.KVLNARASIMHARAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 ORDER: The instant petition under Section 482 of Code of Criminal Procedure, 1973^ has been filed by the Petitioners / Accused Nos.3 to 6, seeking quashment of proceedings against them in C.C.No.1203 of 2020 on the file of the Court of II Additional Judicial Magistrate of First Class, Bhimavaram for the offence punishable under Section 498-A of the Indian Penal Code, 1860^ and Sections 3 and 4 of the Dowry Prohibition Act, 1961^. 2. Sri K.V.L.Narasimha Rao, learned counsel for the Petitioners would submit that Respondent No.2 / De fdcto Complainant and Accused appeared the trial Court and the matter was settled before Lok Adalat and the Accused were acquitted under Section 320 (8) Cr.P.C. However, it was observed that the Award would come into force after expiry of 90 days mandatory period of observation and both parties were directed to appear before the Court 18.02.2021. Learned counsel would further submit that, thereafter. Accused No.1, who is the husband and Accused No.2, who is the mother-in-law of the De facto Complainant, died. Since the Accused and the De facto Complainant could not appear before the Court, the case is still pending, submitted that, the Petitioners / Accused Nos.3 to 6 are suffering because of the pendency of the case, though the matter was settled and an Award was also passed. on It is further 3. Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor would submit that teh Court may pass appropriate orders. for short ‘Cr.P.C’ 2 for short “IPC’ 3 for short ‘DP Act’ 3 4. The record shows that, having received notice, Respondent No.2 did not choose to appear before the Court and submit any objections in this regard... In view of the facts and circumstances, the Criminal Petition is allowed and the proceedings against Petitioners / Accused Nos.3 to 6 in C.C.No.1203 of 2020 on the file of the Court of II Additional Judicial Magistrate of First Class, Bhimavaram for the offence under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR 5. //TRUE COPY// SECTION OFFICER \ To 1. The II Additional Judicial Magistrate of First Class, Bhimavaram, West Godavari District. 2. The Station House Officer, Bhimavaram ll Town Police Station, West Godavari District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 4. One CC to Sri K V L Narasimha Rao, Advocate [OPUC] 5. Two CD Copies TK vna V HIGH COURT DATED:01/08/2025 ORDER CRLP No.3469 of 2023 g( 0 k SEP 2025 rrentSectioQx^'^ «» ALLOWING THE CRIMINAL PETITION