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High Court of Andhra Pradesh · body

2025 DAILYLAW 17092 (AP)

DASAM RAMA KRISHNA v. THE STATE OF ANDHRA PRADESH

CRLP/3501/2022 · 2025-02-04

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: TUESDAY .THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3501 OF 2022 Between: 1. Dasam Rama Krishna, S/o Sri Rama Rao, Hindu, Age. 67 Years, Occ. Retired Employee, R/o Flat No. 104, Snika Apartments, Rajappa Nagar, High Court Colony, Vanasthalipuram, Hyderabad - 500 070 2. Dasam Veera Lakshmi, W/o Sri Ramakrishna, Hindu, Age. 65 Years, Occ. House Wife, R/o Flat No. 104, Snika Apartments, Rajappa Nagar, High Court Colony, Vanasthalipuram, Hyderabad - 500 070 3. Gudivaka Satya Sri, (wrongly shown as Gudivada Satya Sri in FIR) W/o Sri Harun Kumar, Hindu, Age. 40 Years, Occ. Service, R/o F-2, Aditya Avenue, Nizampet Road, Ryder Nagar, Kukatpally, Hyderabad - 500 085 ... Petitioner/A-2 to A-4 AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P. at Amaravathi through its SHO, Pithapuram PS, Kakinada District. 2. Anukula Nageswara Rao, S/o Surya Rao, R/o Door No. 2-1-30, Agraharam, Pithapuram - 533 450, Kakinada District ...Respondents/De-facto 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 relating to FIR.No.28 of 2022 of Pithapuram PS, Kakinada District and quash the same against the petitioner/A-2 to A-4. I.A. NO: 1 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 grant stay of all further proceedings in FIR.No.28 of 2022 of Pithapuram PS, Kakinada District, pending disposal of the present Criminal Petition. LA. NO: 2 OF 2022 Between: Anukula Nageswara Rao, S/o Surya Rao, R/o Door No. 2-1-30, Agraharam, Pithapuram - 533 450, Kakinada District ...Petitioner/Respondent No.2 AND 1. Dasam Rama Krishna, S/o Sri Rama Rao, Hindu, Age. 67 Years, Occ. Retired Employee, R/o Flat No. 104, Snika Apartments, Rajappa Nagar, High Court Colony, Vanasthalipuram, Hyderabad - 500 070 2. Dasam Veera Lakshmi, W/o Sri Ramakrishna, Hindu, Age. 65 Years, Occ. House Wife, R/o Flat No. 104, Snika Apartments, Rajappa Nagar, High Court Colony, Vanasthalipuram, Hyderabad - 500 070 3. Gudivaka Satya Sri, (wrongly shown as Gudivada Satya Sri in FIR) W/o Sri Harun Kumar, Hindu, Age. 40 Years, Occ. Service, R/o F-2, Aditya Avenue, Nizampet Road, Ryder Nagar, Kukatpally, Hyderabad - 500 085 ... .Petitioners/Respondents/ Accused Nos.2 to 4 4. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P. at Amaravathi through its SHO, Pithapuram PS, Kakinada District. ...Respondent No.1 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 vacate the interim orders dated 05.05.2022 in I.A.No.1 of 2022 in CRLP No. 3501 of 2022. Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Venkateswara Rao Pitchuka, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri Kalepu Yashwanth, Advocate for the Respondent No.2 The Court made the following ORDER: APHC010230042022 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.3501 of 2022 Between: Dasam Rama Krishna and Others ...PETmONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1. VENKATESWARA RAO PITCHUKA Counsel for the Respondent/complainant(S): .RESPONDENT/COMPLAINANT(S) l.KALEPU YASHWANTH 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioners/A.2 to A.4, seeking quashment of the Proceedings against them in Crime No.28 of 2022 on the file of Pithapuram Police Station, Kakinada District, registered for the offences punishable under Sections 498- A, 420 and 506 read with 34IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. Sri Pitchuka Venkateswara Rao, learned counsel for the Petitioners/A.2 to A.4, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No. 1/State and Sri Kalepu Yashwanth, learned counsel for the respondent No.2/de facto Complainant are in attendance. 3. Learned counsel for the Petitioners/A.2 to A.4 and learned counsel for respondent No.2 filed a joint Memo. The facts of the Joint Memo reveal that daughter of respondent No.2 and A.l are wife and husband respectively and they have obtained divorce from the Germany Court and living separately in Germany and 2 that A.l paid an amount of Rs.40,00,000/- by way of demand draft dated 27.01.2025 which was received by respondent No.2 today in the Court. Respondent No.2 appeared before this Court and represented that today, he received back the amount of Rs.40,00,000/-, which was given to his daughter and A.l(Son-in-law) during their marriage. There are no claims against each other. Respondent No.2 submits that he intends to enter compromise with the Petitioners as per the terms and conditions mentioned in the joint memo and that himself and her daughter have no objection to quash the Proceedings in Crime No.28 of 2022 of Pithapuram Police Station against all the accused. Learned counsel appearing for the parties would submit that the Court may record compromise in the above crime in terms of the joint memo. Learned Assistant Public Prosecutor is in attendance and reported no 4. 5. 6. objection to record the compromise. Considering the submissions, in the interests of justice, the Criminal Petition is allowed and the Proceedings against ail the accused in Crime No. 28 of 2022 of Pithapuram Police Station, Kakinada District are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand 7. closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To, 1. The Judicial First Class Magistrate, Pithapuram, E.G. District 2. The Station House Officer, Pithapuram Police Station, Kakinada District. 3. Two CCs to Public Prosecutor, High Court of A.P., at Amaravati (OUT) 4. One CC to Sri Venkateswara Rao Pitchuka, Advocate [OPUC] 5. One CC to Sri Kalepu Yashwanth, Advocate [OPUC] 6. Three CD Copies Skm Sree (XXX) The operative portion of the order, dated 04.02.2025 In CRLP.No.3501 of 2022 In Para No.7 at Page No.2 Is amended as per the Court Order dated 17.03.2025 made In I.A.No.1 of 2025 In CRLP.No.3501 of 2022. Sd/- N NAGAMMA ASSISTANT REGISTRAR HIGH COURT DATED:04/02/2025 17/03/2025 AMENDED ORDER CRLP.No.3501 of 2022 S' 2 5 MAR 2025 f [*> ^,j ^ . Current Section ALLOWING THE CRIMINAL PETITION