Kancharla Viswanadham alias K V Vishwanath v. The State of Andhra Pradesh
CRLP/7259/2025 · 2025-07-13
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24764 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24764 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010350352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7259 OF 2025 Between:
1. Kancharla Viswanadham @ K.V.Vishwanath, S/o Vijaya Kumar, aged 41 years, R/o No. 203, Sowbhagya Nilayam, 3rd Cross Balagere Road, Patel Nanjappa Layout, Varthuru Village, North Bangalore, Bangalore City Karnataka State
2. Kancharla Jayamma, W/o Vijaya Kumar, aged 66 years, R/o No. 203, Sowbhagya Nilayam, 3rd Cross Balagere Road, Pate! Nanjappa Layout, Varthuru Village, North Bangalore, Bangalore City Karnataka State (A-1) (A-2) R/o No.
3. Kancharala V Somanadh, S/o Vijaya Kumar, aged 36 years 203, Sowbhagya Nilayami, 3rd Cross Balagere Road, Patel Nanjappa Layout, Varthuru Village, North Bangalore, Bangalore City Karnataka State (A-3)
4. Kancharala Pramanadh Vijaya Kumar, S/o K Vijay Kumar, aged 37 years, R/o No. 203, Sowbhagya Nilayam, 3rd Cross Balagere Road, Patel Nanjappa Layout, Varthuru Village, North Bangalore, Bangalore City Karnataka State (A-4) ...Petitioners/ Accused No. 1 to 4
AND
1. The State of Andhra Pradesh, Rep. by Inspector of Police, Kasibugga P.S. Srikakulam District through its Public Prosecutor, High Court Of Andhra Pradesh at Amaravathi ...Respondent/Complainant
2. Uppada Lakshmi, W/o Kancharla Viswanadham, D/o Uppada Seeramulu, aged about 36 years, R/o D.No. 105, Hanuman Temple, Padmanabhapuram Colony, Palasa, Kasibugga, Srikakulam District ...Respondent/ Defacto Complainant Petition 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 quash the proceedings in C.C. No. 27 of 2025 on the file of .Judicial First Class Magistrate, Palasa against the petitioners/accusedNo. 1 to 4 on the ground of compromise lA NO: 2 OF 2025 Petition under Section 528 of BNSS and under Section 359 (6) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner/defacto complainant to come on record to compromise the matter with the accused to quash the proceedings in CC. No. 27 of 2025 pending on the file of learned Judicial First Class Magistrate, Palasa against the accused Nos 1. to 4 on the ground of compromise.
lA NO: 3 OF 2025 Petition under Section 320 (2) of Cr.P.C and under Sections 528 & 359 (2) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise entered between the defacto complainant and the accused No. 1 to 4 and acquit the accused No.1 to 4 in C.C. No. 27 of 2025 pending on the file of Judicial First Class Magistrate, Palasa on the ground of compromise againstthe accused. Counsel for the Petitioners: Sri Venkata Durga Rao Anantha, Advocate Counsel for Respondent No.1: The Public Prosecutor, High Court of A.P. Counsel for Respondent No.2: Sri Kanchumati Subbarao, Advocate The Court made the following order:
APHC010350352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA l■A■Nos■2 & 3 of 2025 IN/AND CRIMINAL PETITION NO: 7259/2025 Between:
1.KANCHARLA VISWANADHAM ALIAS K V VISHWANATH, S/0 VIJAYA KUMAR, AGED 41 YEARS, R/0 NO. 203, SOWBHAGYA NILAYAM, 3RD CROSS BALAGERE ROAD, PATEL NANJAPPA LAYOUT, VARTHURU VILLAGE, NORTH BANGALORE, BANGALORE CITY KARNATAKA STATE 2.KANCHARLA JAYAMMA,, W/0 VIJAYA KUMAR, AGED 66 YEARS, R/O NO. 203, SOWBHAGYA NILAYAM, 3RD CROSS BALAGERE ROAD, PATEL NANJAPPA LAYOUT, VARTHURU VILLAGE, NORTH BANGALORE, BANGALORE CITY KARNATAKA STATE 3.KANCHARALA V SOMANADH,, S/0 VIJAYA KUMAR, AGED 36 YEARS, R/O NO. 203, SOWBHAGYA NILAYAM, 3RD CROSS BALAGERE ROAD, PATEL NANJAPPA LAYOUT, VARTHURU VILLAGE, NORTH BANGALORE, BANGALORE CITY KARNATAKA STATE 4.KANCHARALA PRAMANADH VIJAYA KUMAR,, S/0 K VIJAY KUMAR, AGED 37 YEARS, R/O NO. 203, SOWBHAGYA NILAYAM, 3RD CROSS BALAGERE ROAD, PATEL NANJAPPA LAYOUT, VARTHURU VILLAGE, NORTH BANGALORE, BANGALORE CITY KARNATAKA STATE ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY INSPECTOR OF POLICE, KASIBUGGA P.S. SRIKAKULAM DISTRICT THROUGH ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2.UPPADA LAKSHMI, W/O KANCHARLA VISWANADHAM (DEFACTO COMPLAINANT) D/0 UPPADA SEERAMULU, AGED
2 s ABOUT 36 YEARS PADMANABHAPURAM COLONY SRIKAKULAM DISTRICT R/0 D.NO. 105, HANUMAN TEMPLE. PALASA, KASIBUGGA, ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitloner/accused(S):
1.VENKATA DURGA RAO ANANTHA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2.
KANCHUMATI SUBBARAO 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 / Accused No.1 to 4, seeking quashment of the proceedings against them in C.C.No.27 of 2025 on the file of the Court of Judicial Magistrate of First Class, Palasa for the offence under Section 85 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961. LA.No.2 of 2025 is filed by Respondent No.2/complainant under Section 359(6) of BNSS seeking permission to compromise the case in C.C.No.27 of 2025 on the file of the Court of Judicial Magistrate of First Class, Palasa. 2. I.A.No.3 of 2025 is filed by the Respondent No.2/complainant under Section 359(2) seeking to record the compromise in terms of the joint memo filed by both parties and to acquit the Petitioners. 3. 3
4. Petitioners / Accused Nos.1 to 4 and Respondent No.2 appeared 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. 5. Learned Assistant Public Prosecutor is in attendance. 6. Respondent No.2 submits that the matter is compromised between them and decree of divorce was also granted and the case may be closed. 7. The present case has been lodged based on the matrimonial disputes between the parties and both parties filed their affidavits wherein it was stated that Respondent No.2 is intending to withdraw the case against Accused Nos.1 to 4 since she is not interested to prosecute the same. 8. Considering the submissions, in the interests of justice, I.A.Nos.2 and 3 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case against the Petitioners/Accused Nos.1 to 4 in C.C.No.27 of 2025 on the file of the Court of Judicial Magistrate of First Class, Palasa, is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To,
1. The Judicial First Class Magistrate, Palasa, Srikakulam District. 2. The Station House Officer, Kasibugga P.S. Srikakulam District. 3. One CC to Sri Venkata Durga Rao Anantha, Advocate [OPUC]
4. One CC to Sri Kanchumati Subbarao, Advocate [OPUC]
5. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT]
6. Three CD Copies. GPC AL - V t
HIGH COURT DATED: 14/07/2025 ORDER CRLP NO. 7259 OF 2025 ALLOWING THIS CRIMINAL PETITION