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2025 DAILYLAW 24410 (AP)

Marupudi Sunny Kiran v. The State of Andhra Pradesh

CRLP/7210/2025 · 2025-07-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010344152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI B FRIDAY,THE EIGHTEENTHDAY OF JULY TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.NOs.2 AND 3 OF 2025 IN/AND CRIMINAL PETITION NO: 7210 OF 2025 Between: 1. Marupudi Sunny Kiran, S/o.Krishna Rao, aged about 37 years, Occ: Doctor, Address:7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V.Rangareddy, Telangana State-500079. Presently residing at Behind Timoshop, Wat Svay Village, Salakom Rerk Commune. SIEM REAP PROVINCE-171204, Cambodia, Rep. by his Power of Attorney Holder, Marupudi Krishna Rao, S/o.Late Venkata Subbaiah, R/o.7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V.Rangareddy, Telangana State - 500079. 2. Marupudi Siva Parvathi, W/o.Krishna Rao, aged 59 years, OcciHouse wife, R/o.7-2-10/8, Rangareddy, Telangana State - 500079. Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V. 3. Marupudi Krishna Rao, S/o.Late Venkata Subbaiah, aged 69 years, Occ:Retired Employee, R/o.7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V.Rangareddy, Telangana State - 500079 ...Petitioners/Accused Nos.AI to A3 r AND 1. The State of Andhra Pradesh, Rep. by the Public Prosecutor, Court of Andhra Pradesh at Amaravati. High ...Respondent 2. Marupudi Mounvika @ Panguluri Mounvika, W/o.Marupudi Sunny Kiran, aged about 30 years, Occ:House wife, Address:7-2-10/8 Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V.Rangareddy, Telangana State - 500079. Presently residing at Behind Timoshop, Wat Svay Village, Salakom Rerk Commune. SIEM REAP PROVINCE Cambodia. Rep., by her Paternal Uncle Nannapaneni Vijaya Kumar, S/o.Ankineedu Employee, R/o.Bodipalem Village, Kakumanu Mandal, Andhra Pradesh. 171204, and Power of Attorney, aged 49 years, Occ.Self Guntur District, ...Respondent/Defacto Complainant Petition filed under Section 528 of BNSS, 2023/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 record the compromise and quash in DVC No. 15 of 2024 the file of Principal Junior Civil Judge on Court, Ponnur, Guntur District. 1AN0s:1,2AND3 0F 2025 (Common CT) Between: Marupudi Mounvika @ Panguluri Mounvika, W/o.Marupudi Sunny Kiran, aged about 30 years, Occ:House wife, Address:7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V.Rangareddy, Telangana State - 500079. Presently residing at Behind Timoshop, Wat Svay Village, Salakom Rerk Commune. Cambodia. Rep., by her Paternal f Nannapaneni Vijaya Kumar, S/o.Ankineedu, SIEM REAP PROVINCE 171204, Uncle and Power of Attorney, , aged 49 years, Occ;Self F Employee, R/o.Bodipalem Village, Kakumanu Mandal, Guntur District, Andhra Pradesh. ...Petitioner/Defacto Complainant AND 1. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent 2. Marupudi Sunny Kiran, S/o.Krishna Rao, aged about 37 years, Occ: Doctor, Address;7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V.Rangareddy, Telangana State-500079. Presently residing at Behind Timoshop, Wat Svay Village, Salakom Rerk Commune. SIEM REAP PROVINCE-171204, Cambodia, Rep. by his Power of Attorney Holder, Marupudi Krishna Rao, S/o.Late Venkata Subbaiah, R/o.7-2-10/8 Lakshmi Ganesh Nagar, Bairamalguda, K.V.Rangareddy, Telangana State - 500079. 3. Marupudi Siva Parvathi, W/o.Krishna Rao, aged 59 years, OcciHouse wife, R/o.7-2-10/8, Rangareddy, Telangana State - 500079. 4. Marupudi Krishna Rao, S/o.Late Venkata Subbaiah, aged 69 Occ;Retired Employee, R/o.7-2-10/8, Sri Lakshmi Ganesh Bairamalguda, K.V.Rangareddy, Telangana State - 500079. ...Respondents/Accused Nos.AI to A3 Sri Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V. years, Nagar, lA NO: 1 OF 2Q2!i Petition filed under Section 528 of BNSS circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to permit the petitioner and 2 this Court through Video Conference in the above said criminal petition to praying that in the nd respondent to appear before r enable to participate in compromise proceedings between the petitioner Respondents No.2 to 4 in view of the MOU dated 05.12.2024. lA NO: 2 OF 2025 Petition filed under Section 528 of BNSS/Section 320 (6) Section 482 of Cr.PC 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 case in DVC No. 15 of 2024 Principal Junior Civil Judge Court, Ponnur registered against the No.2 to 4 and record the compromise by considering the Memorandum Understanding (MOU), executed on 05.12.2024 at Hyderabad and to quash the proceedings against the Respondent Nos.2 to 4/Accused in DVC No. 15 of 2024, for the offences under Section 12 of the Protection of Women Domestic Violence Act, 2005 along with Rules 2006, on the file of Principal Junior Civil Judge Court, Ponnur. lA NO: 3 OF 202fi and read with on the file of respondent of from Petition filed (under Section 360 of BNSS Act r/w 528 of BNSS Act) (Under Section 320 (2) r/w 482 of Cr.PC) 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 case in DVC No. 15 of 2024 on the file of Principal Junior Civil Judge Court, Ponnur registered against the respondent No.2 to 4 and record the Memorandum of Understanding (MOU), Hyderabad and to quash the proceedings against the Respondent 4/Accused in DVC No. 15 of 2024, for the offences Protection of Women from Domestic Violence 2006, on the file of Principal Junior Civil Judge Court, Ponnur. compromise by considering the executed on 05.12.2024 at Nos.2 to under Section 12 of the Act, 2005 along with Rules *Joint Compromise Memo enclosed (vide separate sheet) lA NO: 4 OF 2n2fi Petition filed under Section 528 of BNSS, 2023/Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings against the petitioners/accused Nos.1 to 3 in DVC No. 15 of 2024 on the file of Principal Junior Judge Court, Ponnur pending disposal Criminal Petition. of the Counsel for the Petitioners: Sri V.V.Lakshmi Narayana Counsel for the Respondent No.1:Assistant Public Prosecutor Counsel for the Respondent No.2: Sri Namratha Choudary P The Court made the following: f APHC010344152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY. THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.2 & 3 of 2025 [3396] IN/AND CRIMINAL PETITION NO: 7210/2025 Between: 1.MARUPUDI SUNNY KIRAN, S/0. KRISHNA RAO, AGED ABOUT 37 YEARS, OCC DOCTOR, ADDRESS 7-2-10/8, SRI LAKSHMI GANESH NAGAR, BAIRAMALGUDA, K.V. RANGAREDDY, TELANGANA STATE - 500079. PRESENTLY RESIDING AT BEHIND TIMOSHOP, WAT SVAY VILLAGE, SALAKOM RERK COMMUNE. SIEM REAP PROVING 2.MARUPUDI SIVA PARVATH!,, W/0. KRISHNA RAO, AGE 59 YEARS, OCCHOUSE WIFE, R/0 7-2-10/8, SRI LAKSHMI GANESH NAGAR, BAIRAMALGUDA, K.V. RANGAREDDY, TELANGANA STATE - 500079. 3.MARUPUDI KRISHNA RAO,, S./O, LATE VENKATA SUBBAIAH, AGE 69 YEARS OCC RETIRED EMPLOYEE, R/0 7-2-10/8, SRI LAKSHMI GANESH NAGAR, RANGAREDDY, TELANGANA STATE - 500079. BAIRAMALGUDA, K.V ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH. REP. 3Y THE PUBL’C PROSECUTOR, HIGH COURT OF ANDHRA PRADESH ATAMARAVATI. 2.MARUPUDI MOUNVIKA @ PANGULURI MOUNVIKA, W/O MARUPUDI SUNNY KIRAN, AGED ABOUT 30 YEARS OCC HOUSE WIFE, ADDRESS 7-2-10/8, SRi LAKSHM! GANESH NAGAR, BAIRAMALGUDA, K.V. RANGAREDDY, ELANGANA SWE - 500079. PRESENTLY RESIDING AT BEHIND TIMOSHOP. WAT SVAY VILLAGE. SALAKOM RERK COMMUNE SIEM REAP PROVINCE - 171204, CAMBODIA. REP., BY HER PATERNAL UNCLE AND POWER OF ATTORNEY NANNAPANEN! VIJAYA KUMAR. S/0. ANKINEEDU, AGE 49 YEARS, OCC SELF EMPLOYEE. R/0 BODIPLEM VILLAGE, 2 KAKUMANU MAN DAL, PRADESH. GUNTUR DISTRICT, ANDHRA ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. VV LAKSHMI NARAYANA Counsel for the Respondent/complamant(S): 1. NAMRATHA CHOUDARY P 2. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners / Respondent Nos.1 to 3, seeking quashment of the proceedings against them in D.V.C.No.15 of 2024 on the file of the Court of Principal Junior Civil Judge, Ponnur. I.A.No.2 of 2025 is filed by Respondent No.2/Complainant under Section 320(6) of Cr.P.C seeking permission to compound the D.V.C.No.15 of 2024 on the file of the Court of Principal Junior Civil Judge, Ponnur. I.A.No.3 of 2025 is filed by the Respondent No.2/Complainant under Section 320(2) seeking to record the compromise in terms of the joint memo filed by both parties and to quash the DVC against the Petitioners. 2. case in 3. 4. Petitioner / Respondent No.1 and Respondent No.2/Complainant appeared through Video Conference and Petitioners/Respondent Nos.2 3 and 3 appeared personally before this Court and were identified by their respective learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. Learned Assistant Public Prosecutor is in attendance. 6. This Court enquired the Complainant about her willingness to enter into compromise in the matter. She represented that she has voluntarily come forward for the compromise. She further represented that, due intervention of the well-wishers on both sides, she and the Petitioners have come to an amicable settlement and 5. to a Memorandum of Understanding dated 05.12.2024 was also executed to that effect, further submitted that, a mediation was also held between the parties 18.07.2025, wherein, the Complainant stated that she has been living with her husband happily and is willing to compromise and withdraw DVC No. 15/2024. The Complainant further represented that closed against the Petitioners. It is on case may be 7. Sri V.V.Lakshminarayana, learned counsel for Petitioners would submit that both parties have compromised and settled the disputes in the mediation held between them. Now the parties are intending to compromise the issue and filed a joint memo to that effect. Considering the submissions and in the light of the judgment of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another\ 8. 2012(10)SCC 303 II 4 Since there is an amicable settlement between of justice, lANos. 2 and 3 of .2025 Criminal Petition is allowed and the D.V.C.No.15 of 2024 Judge, Ponnur, is hereby quashed. As a sequel thereto, miscellaneous stand closed. the parties, in the interest are allowed. Consequently, the case against the Petitioners in on the file of the Court of Prinoipal Junior Civil petitions pending, if any, shall RAO assistant REGISTRAR ^ //TRUE COPY// SECTION OFFICER To, T The Principal Civil 2. One CC to Sri V.V.Lakshmi 3. One CC to Sri Namratha 4. Two CC's to the Public Prosecutor Amaravati [OUT] 5. Two CD Copies *Joint Compromise Memo Judge (Junior Division), Ponnur Guntur District. Narayana, Advocate [OPUC] Choudary P, Advocate [OPUC] High Court of Andhra Pradesh at enclosed (vide separate sheet) HIGH COURT DATED; 18/07/2025 COMMON ORDER I.A.Nos.2 & 3 of 2025 In/And CRLP NO. 7210 OF 2025 l■A.Nos.2 and 3 of 2025 ALLOWING THE CRIMINAL are ALLOWED petition - AS ININE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Criminal Petition No. of 2025 Between: Marupudi Mounvika @ Panguluri Mounvika, W/o Marupudi Sunny Kiran, aged about 30 years, Occ: House wife, Address; 7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V. Rangareddy, Telangana State - 500079. Presently residing at behind Timoshop, Wat Svay Village, Salakom Rerk Commune. SIEM REAP PROVINCE - 171204, Cambodia. Rep., by her paternal uncle and Power of Attorney, Nannapaneni Vijaya Kumar, S/o. Ankineedu, Age 49 years, Occ: Self Employee, R/o Bodiplem Village, Kakumanu Mandal, Guntur District, Andhra Pradesh. ... Petitioner/De-facto Complainant AND 1. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh at Amaravati. ...Respondent 2. Marupudi Sunny Kiran, S/o. Krishna Rao, aged about 37 years, Occ: Doctor, Address: 7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V. Rangareddy, Telangana State - 500079. Presently residing at behind Timoshop, Wat Svay Village, Salakom Rerk Commune. SIEM REAP PROVINCE - 171204, Cambodia. Rep, by his Power of Attorney Holder, Marupudi Krishna Rao, S/o. Late Venkata Subbaiah R/o 7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V. Rangareddy, Telangana State - 500079. 3. Marupudi Siva Parvathi, W/o. Krishna Rao, age 59 years, Occ; House wife, R/o 7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V. Rangareddy, Telangana State - 500079. - Itf- 4. Marupudi Krishna Rao, S/o. Late Venkata Subbaiah, age 69 years Occ: retired employee, R/o 7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V. Rangareddy, Telangana State - 500079. ...Respondents/Accused Nos.AI to A3 JOINT MEMO 1, it is respectfully submitted that on 08-12-2022, one Smt. Marupudi Mounvika, W/o. Sunny Kiran (2^^^ respondent herein), gave a report to the Protection Officer,'O/o Project Director, DW & CDA, Guntur basing on the report the Protection Officer forward the same to the Hon ble Addl. Junior Civil Judge Court, Ponnur. Accordingly, a case DVC No. 15/2024 v/as registered against the petitioners for the offences punishable under section 12 of the Protection of Women from Domestic Violence Act. Thereafter the above said case vide DVC No. 15/2024 has been i transferred to the Hon’ble PrI. Junior Civil Judge Court, Ponnur or^ 25.06.2025. It is submitted that 1®‘ petitioner is the husband of the 2^ i respondent and the petitioner nos.2 and 3 are in laws of the 2"‘l respondent. It is submitted that petitioner Nos.1 to 3 are native o[ Chintalapudi Village at present they are residing at above stated address; j stated in cause title and further stated that presently the petitioner No.' and 2^^ respondent residing at Cambodia and lived together and lead matrimonial life in that place. The 1®* petitioner was left from India to Germany for his further studies to pursue his medical post graduation related to Orthopedic in the year 2015 and at present he took a break for his post graduation in Germany and he is on a business trip in Cambodia with his wife who is the 2^^ respondent herein. 2. It is respectfully submitted that the averments of the complainant is tha the marriage of the complainant was performed on 18-12-2020 wit Marupudi Sunny Kiran, S/o. Krishna Rao of Chintalapudi Village as pe 1 r -- 15' the traditions and spend Rs. 10,00,000/- for performing the marriage at Dhulipalla Veerayya Chowdary Function Hall. It is also stated that, accused didn’t asked for any dowry and only said to spent for the marriage expenses. It is further stated that, A1 is working as Orthopaedic Doctor in Germany, and her in laws residing at Hyderabad. After the marriage complainant was shifted to Hyderabad for matrimonial life. After that the Accused A1. Maurpudi Sunny Kiran, S/o. Marupudi Sivaparvathi, A3. Marupudi Krishna Rao, of Chintalapudi resiBing at Hyderabad had harassed the complainant Sri. the Krishna Rao, A2. village now mentally and physically in several time for want of Rs. 20,00,000/-, but the parents of the complainant unable to give to the accused. On 16-07- 2022 at about 11 PM, the Accused No.1 quarrelling with her in phone then the accused A3 forced her to sign on four white papers and locked her in . it is further stated that, on 22-08-2022, the parents of the a room complainant came to her and brought to her parental house. 3. It is respectfully submitted that pending the investigation in the above said crime, due to intervention of the well-wishers on both sides the petitioners and respondent No.2 have come to an amicable settlement thereby a Memorandum of Understanding (MOU) is made and executed on 05.12.2024 at Hyderabad between the 1®* petitioner and 2"^^ respondent herein, who are wife and husband. Keeping in view of welfare of both sides and also to avoid evil atmosphere, because both the petitioners No.1 to 3 are family members, as per the said MOU, the respondent No.2 has agreed to withdraw the case against the petitioners in the court of law and in Lok Adalat including this present case DVC No. 15/2024 on the file of Hon’ble Prl. Junior Judge Court, Ponnur. It is further submitted that Memorandum of Understanding where it has stated that 1®^ as per the petitioner and 2"^' respondent are living together happily for more than 3 months prior to date of MOU. They also agreed to take steps for getting the aforesaid case to withdrawal against the petitioners, thereby the - - present criminal petition filed seeking for the quash the case against the petitioner. It is submitted that the 1®* petitioner and 2'^'^ respondent are living together and residing at Cambodia and living the marital life happily. In view of that the petitioner and 2"^^ respondent herein executed a Power of Attorneys on 14.12.2024, accordingly this present petition is filed through their Power of Attorneys as stated above in comply the terms as mentioned in the MOU dated 05.12.2024. it is submitted that the petitioner No.1 and 2^ respondent could not present physically in the court of law by reason that at present they are residing at Cambodia and it is further submitted that they are ready and very much willing to present before this Hon’ble Court through Video conference (Virtually) in the above said case for that along with this petition the 1®‘ petitioner and 2"^ respondent filed permission petition through their Power of Attorneys before this Hon’ble Court with a prayer please to permit the 1®* petitioner and 2^^ respondent appear before this Hon’ble Court through Video Conference. 4. It is respectfully submitted that as already stated above the respondent No.2 has no grievance or complaint against the petitioners in view of the aforesaid compromise and no purpose would be served if the proceed against the petitioners. Hence this Joint Memo. case IS 5. It is respectfully submitted that, the petitioner no.1/Accused No.1 is represented by Power of Attorney, who is the father of A1, Mr. Marupudi Krishna Rao, S/o. Late Venkata Subbaiah, R/o. 7-2-10/8, Sri Lakshmi Ganesh Nagar, Bairamalguda, K.V.Rangareddy - 500079, Telangana. And the De-facto complainant is .represented her Power of Attorney, who is paternal uncle of de-facto complainant/2"‘^ respondent, Nannapaneni Vijaya Kumar, S/o. Ankineedu, R/o. 3-91 village, Kakumanu Mandal, Guntur District, Andhra Pradesh - 522315. Mr. Bodipalem It is therefore prayed that this Hon’ble Court may be pleased to record the compromise by considering the Memorandum of Understanding (MOU), executed on 05-12-2024 at Hyderabad and quash the DVC No. 15 of 2024 on the file of Hon’ble PrI. Junior Judge Court, Ponnur, and to such other order or orders as this Hon’ble Court may deem fit and in the circumstances of the pass proper case. Hence, the present Joint Memo. Counsel for the petitioner Petitioner Counsel for the respondent Nos.2 to 3 Respondent No.2 Date; 07-07-2025 Place: Amaravati Respondent No.3 Re^ondent No.4