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2025 DAILYLAW 22506 (AP)

Mente Yogesh Trinadh v. The State of Andhra Pradesh

CRLP/6514/2025 · 2025-06-29

Harinath N

body2025

Judgment text

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• < • APHC010316962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A.NOs.l AND 2 OF 2025 IN/AND CRIMINAL PETITION NO: 6514 OF 2025 Between: Mente Yogesh Trinadh, S/o.Nageswara Rao, aged about 30 R/o.Flat No.307, 4*^ Floor, PCR Convention Apartments, China Ranganipalem, Now R/o.D.No.1-91, Tunduru Village Mandal, West Godavari District. years Bhimavaram ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its F^ublic Prosecutor, High Court of Andhra Pradesh at Amaravathi, through P.S. Bhimavaram I Town Police Station. ...Respondent/State W/o.Mente Yogesh Trinadh, D/o.Nambula Srinivas, aged about 27 years, R/o.Flat No.307, 4‘^ Floor, PCR Convention Apartments, China Ranganipalem, Now R/o.D.No.5- 69, Gangamma Temple Street, Palakoderu Village and Mandal, West Godavari District. 2. Mente Naga Ratna Uma Sravani, / A \ ...Respondent/Defacto Complainant ^ Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records and quash the proceedings in PRC.No.4 of 2025, on the file of the II Additional Junior Civil Judge-cum-ll Additional Judicial Magistrate of First Class, Bhimavaram, in connection with Crime No. 183 of 2023, on the file of Bhimavaram I Town Police Station, West Godavari District. I.A. NOs: 1 AND 2 OF 2025 (Common CT) Between: Mente Naga Ratna Uma Sravani, W/o.Mente Yogesh Trinadh, D/o.Nambula Srinivas, aged about 27 years, R/o.Flat No.307, 4'^ Floor, PCR Convention Apartments, China Ranganipalem, Now R/o.D.No.5- 69, Gangamma Temple Street, Palakoderu Village and Mandal, West Godavari District. ...Petitioner/2"'‘ Respondent/Defacto Complainant AND 1. Mente Yogesh Trinadh, S/o.Nageswara Rao, aged about 30 years, R/o.Flat No.307, 4'^ Floor, PCR Convention Apartments, China Ranganipalem, Now R/o.D.No.1-91, Tundur,j Village, Bhimavaram Mandal, West Godavari District. .. .Respond ent/Petitioner/Accused 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi, through P.S. Bhimavaram I Town Police Station. ... Respondent/State NO: 1 OF 2025 Petition filed under Section 359 (6) of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to permit the petitioner to compound the offences under Sections 498-A & 307 of IPC in connection with PRC.No.4 of 2025, on the file of the II Additional Junior Civil Judge-cum-ll Additional Judicial Magistrate of First Class, Bhimavaram in Crime No. 183 of 2023, on the file of Bhimavaram I Town Police Station, West Godavari District. lA NO: 2 OF 2025 Petition filed under Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to record the compromise between both the parties and quash the proceedings against the 1®* respondent/Accused herein in connection with PRC.No.4 of 2025, on the file of the II Additional Junior Civil Judge-cum-ll Additional Judicial Magistrate of First Class, Bhimavaram in Crime No. 183 of 2023, on the file of Bhimavaram I Town Police Station, West Godavari District. *Joint Compromise Memo enclosed (vide separate sheet) lA NO: 3 OF 2025 Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the petitioner in PRC.No.4 of 2025, on the file of the III Additional Junior Civil Judge-cum-ll Additional Judicial Magistrate of First Class, Bhimavaram, in connection with Crime No.183 of 2023, on the file of Bhimavaram I Town Police Station, pending disposal of the Quash Petition 'counsel for the Petitioner; Sri K.V.L.Narasimha Rao Counsel for the Respondent No.1: Assistant Public Prosecutor Counsel for the Respondent No.2:Sri Munakala Venkata Ramana The Court made the following; X APHC010316962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3457] MONDAY,THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6514/2025 Between: 1.MENTE YOGESH TRINADH, S/0 NAGESWARA RAO, AGE 30 YEARS, R/0 FLAT NO.307, 4TH FLOOR, PCR APARTMENTS, CHINA RANGANIPALEM, NOW R/0 D.NO.1-91, TUNDURU VILLAGE, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. ABOUT CONVENTION ..PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PROSECUTOR, HIGH COURT OF ANDHRA AMARAVATHI THROUGH P.S. STATION. PUBLIC PRADESH AT BHIMAVARAM I TOWN POLICE 2.MENTE NAGA RATNA UMA SRAVANI, V\l/0 MENTE TRINADH, D/0 NAMBULA SRINIVAS, AGE ABOUT 27 YEARS FLAT NO.307, 4TH FLOOR CHINA YOGESH R/0 PCR CONVENTION APARTMENTS, GANGAMMA RANGANIPALEM, NOW R/0 D.NO.5-69 TEMPLE STREET, PALAKODERU VILLAGE AND MANDAL WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.K V L NARASIMHA RAO Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR 2.MUNAKALA VENKATA RAMANA The Court made the following; I A.Nos.1 and 2 of 2025 IN/AND rpiMINAL PETITION N0.6514 012525 r.nMMQN ORDERi Nagarik 528 of the Bharatiya BNSS) has been filed of the proceedings against him instant petition under Section Suraksha Sanhita, 2023 (for short petitioner/Accused, seeking quashment the file of II The by the in Additional Junior Civil Judge-cum-ll for the offences 3 and 4 of Dowry Prohibition PRC.No.4 of 2025 on Judicial Magistrate of First Class. Bhimavaram 498-A and 307 of IPC & Sections Additional under Sections Act. •id 2 of 2025, duly enclosing a de facto complainant. It both sides, the petitioner and the understanding and the matter has de facto complainant filed l.A.Nos.1 a* 2. The entered between the petitioner as well as Joint Memo is stated that at the intervention of elders on facto complainant have arrived at an de been settled between them. and learned counsel representing for Learned counsel for the petitioner nofficial respondent No.2 (de facto-complainant) and learned Assistant 3. the u Public Prosecutor representing respondent No.l/State are present. (h % 4. Today, when the respondent herein matter is taken up, petitioner herein/Accused and 2""^ are present before this Court, They produced - - in proof of their identity. Learned counsel for 2 their respective Aadhar cards i counsel for the respondent have identified petitioner and the learned parties in the open Court. nd the 5. This Court has with regard to compromise has voluntarily entered into This Court is satisfied with the identification arriving at the compromise. questioned 2"*^ respondent hereinfoe facto and he categorically stated complainant to that extent that he herein/Accused. voluntariness in compromise with the petitioner of the parties and 6. Since the parties Petition is allowed and therefore file of II Additional Junior First Class, Bhimavaram, quashed. entered into settlement and compromise, the Crimiinal the proceedings in PRC.No.4 of 2025 Civil Judge-cum-ll Additional on the Judicial Magistrate of sed is hereby against the petitioner herein/Accu 7. Accordingly, I.A.Nos.1 2025 are allowed. and 2 of 2025 and Criminal Petition No.6514 of As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The II Additional Civil Judge (Junior Division)-cum-ll Additional Judicial Magistrate of First Class, Bhimavaram, West Godavari District. 2. The Station House Officer, Bhimavaram I Town Police Station, West Godavari District. 3. One CC to Sri K.V.L.Narasimha Rao, Advocate [OPUC] 4. One CC to Sri Munakala Venkata Ramana, Advocate [OPUC] 5. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 6. Two CD Copies *Joint Compromise Memo enclosed (vide separate sheet) HIGH COURT DATED:30/06/2025 COMMON ORDER I.A.Nos.1 & 2 of 2025 In/And CRLP NO. 6514 OF 2025 I.A.Nos.1 and 2 of 2025 are ALLOWED ALLOWING THE CRIMINAL PETITION .V & I IN THE HON'BLE HIGH COURT OF ANDHRA AT AMARAVATHI PRADESH CRL.P.No. OF 2025 AGAINST PRC. No. 4 of 2025 On the file of M Additional Junior Civil Judge - cum - II Additional Judicial Magistrate of I Class, Bhimavaram BETWEEN: Nageswara Rao age about 30 years, RI^ Flat No.307, 4^^^ floor FOR Wo™®D'Nn f'^df Ranganipalem, Mow ManHa^'w Bhimavaram Mandal, West Godavari District. Petitioner/Accused AND 1. The State of Andhra Pradesh Public Prosecutor, High Court Pradesh Bhimavaram I Town Police Station. Rep. by its of Andhra through PS. at Amaravathi Respondent/State 2. Mente Naga Ratna Uma Sravani W/o Mente Yogesh Trinadh, D/o Nambula Srinivas, age about 27 years, R/o Flat No.307. 4‘h floor, PCR Convention Apartments, China Ranganipalem, Now R/o D No 5-69 Gangamma Temple Street, Palakoderu Villa and Mandal, West Godavari District. ge ... Respondent/Defacto-Complainant JOINT MEMO FILED ON BEHAI F qf BOTH THi- PARTIES 1. It is submitted that the marriage of the petitioner marriage between the was solemnized with the 2"^^ respondent/defacto-complainant in the year 2018, out of their . ^ fA. - wedlock they blessed with one daughter. Thereafter due to misunderstandings disputes arose between the petitioner and 2"^ respondent. Therefore the 2"'^ respondent lodged a complaint before the Bhimavaram I Town Police Station and basing on the said complaint the police registered a case in Crime No. 183 of 2023, for the offences punishable under Sections 498-A & 307 of IPC. The police investigated the matter and filed charge sheet before the II Addittohal Judicial Magistrate of First Class, Bhimavaram and the same is numbered as PF^C.No.4 of 2025 and the same is pending for committal. The 2’^^ respondent also filed divorce petition, vide 2. HM.OP. No.216 of 2024, on the file of the Civil Judge (Senior Division) at Bhimavaram, seeking for grant of divorce dissolving the marriage between the petitioner/accused and the 2"^ respondent dated 29-04-2018. 3. The matter stood thus with the interference of the elders and well-wishers, both the parties settled matter amicably. In view of the settlement and compromise between them, the 2"^ respondent/defacto-complainant has no objection to quash the proceedings against the petitioner/Accused in the present case. The 2"'^ respondent/defacto-complainant filed divorce 4. petition, vide HM.OP. No.216 of 2024, on the file of the Civil r\. y Judge (Senior Division) divorce dissolving at Bhimavaram, seeking for marriage between her grant of the and the petitioner/accused herein dated 29-04-2018 and i settlement/compromise between both accused herein in view of the the parties, the petitioner/ co-operated for granting of divorce and as such allowed by the Hon’ble Civil Judge - vide its order and decree datedOZ- the HM.OP.No.216 of 2024 (Senior Division) ^Bhimavara vi 01-2025. JERMSANDCONniTIOM.Q a. The petitioner/accused agreed to co-operate with the 2 nd respondent for grant of divorce in HM.OP. No.216 of 2024 on the file of the Civil Judge Bhimavaram (Senior Division) at accordingly the petitioner/accused and cooperated for the same. b. The 2"^respondnet agreedto to quash the proceedings vide PRC. on the file of the II Additional Judicial Class, Bhimavaram i 2023of BhimavaramI punishable under Sections 498-A & 30 co-operate withthe petitioner No.4 of 2025, pending Magistrate of First in connection with Crime No. 183 of TownPoliceStation, fortheoffences 7 of IPC. / - f 1b respondent agreed to file an affidavit, petition to compound the offences and compromise petition before the Hon’ble High Court of AP., Amaravathi, to quash the PRC.No.4 of 2025, nd c. The 2 proceedings against the petitioner in the file of the II Additional Judicial Magistrate of pending on First Class, Bhimavaram in connection with Crime No. 183 of 2023 of Bhtrbavaram I Town Police Station. d. There is no future claim against each other. read over and The contents of the above paras are explained to both the parties in telugu, they were understood and agreed with their free will and consent and without any fraud or and signed here under, on this the 21 day of June, 2025, in the presence of their respective counsel. coercion P^o'n^y^cused ComselTorPetitioner Counsel for 2'^ Respondent. 2^^ Respondent/ Defacto-complainant ^ Amaravathi DATE:21.06.2025