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2025 DAILYLAW 25789 (AP)

Kotha Ramadevi, v. The State of Andhra Pradesh

CRLP/5808/2024 · 2025-06-23

Harinath N

body2025

Judgment text

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4 APHC010287212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI K 0?:? TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.5995 of 2025 AND l■A■Nos■2 & 3 of 2025 IN/AND CRIMINAL PETITION No.5808 of 2024 CRIMINAL PETITION No.5995 of 2025 Between: Kotha Sandeep Reddy, S/o Sarvothama Reddy, aged about 36 years, presently residing at 235 Cromwell Road, Hounslow, Postcode: TW33QT, United Kingdom, Indian Passport No.T4768453, represented by GPA Holder Kotha Rama Devi, W/o Kotha Sarvothama Reddy, Aged about 64 years, R/o 2-2-1068, Kanaka Durga Colony, Hanumakonda, Warangal-506001. ...Petitioner/Accused No.1 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High court of A.P. at Amaravathi. 2. Naredia Maneesha, D/o Satyanaryana Reddy, Aged about 27 years, R/o. 1-142/2, Ramalayam Street, Venkatapuram Krishna District, currently residing at Calgary, Canada, represented by her GPA Holder Naredia Madhu Priya, D/o.Satyanaryana Reddy, Aged about 27 years, R/o.1-142/2, Ramalayam Street, Venkatapuram, G.Konduru Mandal, Krishna District, A.P. (Complainant) G.Konduru Mandal, ...Respondents s Petition under Section 528 of BNSS (under Section praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the entire proceedings against the petitioners in Crime No.79 of 2023 on the file of the Disha Police Station, Vijayawada City. Krishna District, process of law. 482 of Cr.P.C) being in abuse of lA NO: 2 OF 2025 Petition under Section 528 of BNSS (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 of all further proceedings in Crime No.79 of 2023 on the file of the Disha Police Station, Vijayawada City, Krishna District, Pending disposal of the main criminal petition. Counsel for the Petitioner : Sri Srinivasulu P Counsel for Respondent No.1:Public Prosecutor Counsel for Respondent No.2: Sri Naqeeb Ahmed l■A■Nos■2 & 3 of 2025 in/and CRIMINAL PETITION No. 5808 of 2024 CRIMINAL PETITION No. 5808 of 2024 Between: 1. Kotha Ramadevi, W/o.Sarvothama Reddy, aged about 57 R/o.D.No.2-7-1068, Kanaka Durga Colony, Hanumakonda, Warangal- 506001. 2. Kotha Sarvothama Reddy, S/o.Late Ramachandra Reddy, aged about 67 years, R/o.D.No.2-7-1068, Kanaka Durga Colony, Hanumakonda, Warangal- 506001. years. ...Petitioners r 3. Kotha Sandeep Reddy, S/o. Sarvothama Reddy, aged about 36 years, presently residing at 235 Cromwell Road, Hounslow, Postcode: TW33QT, United Kingdom, Indian Passport No.T4768453, represented by GPA Holder Kotha Rama Devi, W/o Kotha Sarvothama Reddy, Hindu, Aged about 64 years, R/o.2-2-1068, Kanaka Durga Colony, Hanumakonda, Warangal-506001. ...Petitioner/Petitioner No.3/Accused (Petitioner No.3 is impleaded as per the Court Order dated 24.06.2025 in I.A.No.1 of 2025 in CRLP No.5808 of 2024) AND 1. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. 2. Naredia Maneesha, R/o.D.No.76-17-622, Bhavanipuram, Vijayawada-520 012, NTR District. D/o.Satyanarayana Reddy, aged 27 years. Near Mangamma gari kottu, Urmilanagar, ...Respondents Petition under Section 528 of BNSS (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 allow the criminal petition by quashing the FIR No.79/2023, dated 19.06.2023 U/S.498-A of IPC and Sec.3 & 4 of D.P. Act of Disha P.S., Vijayawada City against the petitioners/A.2 & A.3. lA NO: 2 OF 2024 Petition under Section 528 of BNSS (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 the further proceedings including the appearance of the petitioners/accused the FIR No.79/2023, dated 19.06.2023 U/S.498-A of IPC and Sec.3 & 4 of D.P.Act of Disha P.S., Vijayawada City against the petitioners/A.2 & A.3. lA NO: 2 OF 2025 Between: Naredia Maneesha, D/o.Satyanarayana Reddy, aged 27 R/o.D.No. 1-142/2, Ramalayam Street, Venkatapuram, Mandal, Krishna District, currently residing at Calgary, Canada, Rep. by GPA holder Naredia Madhu Priya, D/o.Satyanarayana Reddy, aged 28 years, R/o. 1-142/2, Ramalayam Street, Venkatapuram, G.Kondur Mandal, Krishna District. (De-facto Complainant) years, G.Kondur ...Petitioner/Respondent No.2 AND 1. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. 2. Kotha Ramadevi, W/o.Kotha Sarvothama Reddy, aged about 57 years, R/o.D.No.2-7-1068, Kanaka Durga Colony, Hanumakonda, Warangal, Telangana-506001. 3. Kotha Sarvothama Reddy, S/o.Kotha Ramachandra Reddy, aged about 67 years, R/o.D.No.2-7-1068, Kanaka Durga Colony, Hanumakonda, Warangal, Telangana- 506001. (Petitioners) 4. Kotha Sandeep Reddy, S/o. Sarvothama Reddy, aged about 36 years, presently residing at 235 Cromwell Road, Hounslow, Postcode: TW33QT, United Kingdom, Indian Passport No.T4768453, represented by GPA Holder Kotha Rama Devi, W/o Kotha Sarvothama Reddy, Hindu, Aged about 64 years, R/o.2-2-1068, Kanaka Durga Colony, Hanumakonda, Warangal-506001. (Proposed Petitioner No.3) ...Respondents Petition under Section 359(6) of BNSS (under Section 320(6) R/w 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 permit the petitioners herein to enter into compromise in the CRLP.No.5808 of 2024 in Crime No.79 of 2023 on the file of Disha Police Station, Vijayawada City, Krishna District registered for the offences under Sections 498-A of IPC and 3 and 4 of Dowry Prohibition Act, I don’t want to continue the case and agreed to get the above case quashed before the Hon’ble High Court. lA NO: 3 OF 2025 Between: Naredia Maneesha, D/o.Satyanarayana Reddy, aged 27 years, R/o.D.No.1-142/2, Ramalayam Street, Venkatapuram, G.Kondur Mandal, Krishna District, currently residing at Calgary, Canada, Rep. by GPA holder Naredia Madhu Priya, D/o.Satyanarayana Reddy, aged 28 years, R/o. 1-142/2, Ramalayam Street, Venkatapuram, G.Kondur Mandal, Krishna District. (De-facto Complainant) ...Petitioner/Respondent No.2 AND 1. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh, Amaravathi, Guntur District. 2. Kotha Ramadevi, W/o.Kotha Sarvothama Reddy, aged about 57 years, R/o.D.No.2-7-1068, Kanaka Durga Colony, Hanumakonda, Warangal, Telangana-506001. 3. Kotha Sarvothama Reddy, S/o.Kotha Ramachandra Reddy, aged about 67 years, R/o.D.No.2-7-1068, Kanaka Durga Colony, Hanumakonda, Warangal, Telangana- 506001. (Petitioners) 4. Kotha Sandeep Reddy, S/o. Sarvothama Reddy, aged about 36 years, presently residing at 235 Cromwell Road, Hounslow, Postcode: TW33QT, United Kingdom, Indian Passport No.T4768453, represented by GPA Holder Kotha Rama Devi, W/o Kotha Sarvothama Reddy, Hindu, Aged about 64 years, R/o.2-2-1068, Kanaka Durga Colony, Hanumakonda, Warangal-506001. (Proposed Petitioner No.3) ...Respondents Petition under Section 359(2) of BNSS (under Section 320(2) R/w 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 the proceedings in Crime No.79 of 2023 on the file of Disha Police Station, Vijayawada City, Krishna District registered for the offences under Sections 498-A of IPC and 3 and 4 of Dowry Prohibition Act by compounding the offence in terms of compromise. Counsel for the Petitioners : Sri Srinivasulu P Counsel for Respondent No.1: Public Prosecutor Counsel for Respondent No.2: Sri Naqeeb Ahmed The Court made the following order: APHC010287212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NOs: 5995/2025 and 5808/2024 CRIMINAL PETITION NO: 5995/2025 Between: ...PETITIONER/ACCUSED Kotha Sandeep Reddy AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.SRINIVASULU P Counsel for the Respondent/complainant(S): 1.NAQEEB AHMED 2. PUBLIC PROSECUTOR CRIMINAL PETITION NO: 5808/2024 Between: Kotha Ramadevi, and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): I 1.SRINIVASULU P Counsel for the Respondent/complainant(S): 1.NAQEEB AHMED 2. PUBLIC PROSECUTOR The Court made the following: l■A■Nos■2 and 3 of 2025 IN/AND CRIMINAL PETITION NOs.5995 of 2025 and 5808 of 2024 COMMON ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short BNSS) has been filed by the petitioners in Crl.P.No.5995 of 2025 and petitioners in Crl.P.No.5808 of 2024, seeking quashment of the proceedings against him in Crime No.79 of 2023 on the file the Disha Police Station, Vijayawada City, for the offences under Sections 498-A of IPC & Sections 3 and 4 of Dowry Prohibition Act. 2. The de facto complainant filed I.A.Nos.2 and 3 of 2025, duly enclosing a Joint Memo entered between the petitioners in both Criminal Petitions as well as de facto complainant. It is stated that at the intervention of elders on both sides, the petitioners and the de facto complainant have arrived at an understanding and the matter has been settled between them. 3. Learned counsel for the petitioners and learned counsel representing for the unofficial respondent No.2 {de facfo-complainant) and learned Assistant Public Prosecutor representing respondent No. 1/State are present. Today, when the matter is taken up, petitioners and 2"*^ respondent herein are present before this Court. Th.ey produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioners and the 4. t learned counsel for 2" respondent have identified the parties in the open Court. 5. This Court has questioned 2 nd respondent/de facto complainant with regard to compromise, and 2"'^ respondent categorically stated to that extent respondent has voluntarily entered into compromise with the petitioners. This Court is satisfied with the identification of the voluntariness in arriving at the compromise. nd that 2 parties and Since the parties entered into settlement and compromise, the both Criminal Petitions are allowed and therefore, the proceedings in Crime No.79 of 2023 on the file the Disha Police Station, Vijayawada City, against the petitioners is hereby quashed. 6. 7. Accordingly, I.A.Nos.2 and 3 of 2025 and Criminal Petition Nos.5995 of 2025 and 5808 of 2024 are allowed. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- N NAGAMMA ASSISTATNT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Civil Judge (Senior Division) 2. The Station House Officer, Krishna District. 3. Two CCs to the Public Prosecutor, AmaravathifOUT] 4. One CC to Sri Srinivasulu P., Advocate [OPUC] 5. One CC to Sri Naqeeb Ahmed, Advocate [OPUC] 6. Two CD Copies Nuzvid, Krishna District. Disha Police Station, Vijayawada City, High Court of Andhra Pradesh, TK sree *along with the copy of the Joint Compromise in CRLP No.5808 of 2024 Memo in I.A.No.3 of 2025 HIGH COURT DATED:24/06/2025 COMMON ORDER CRLP No.5995 of 2025 AND I.A.Nos.2 & 3 of 2025 in/and CRLP No.5808 of 2024 % X ?i| JUl 2025 ^ Current Seciion ^ m. Co ALLOWING THE I.A.Nos.2 & 3 of 2025 in CRLP No.5808 of 2024 and ALLOWING THE CRIMINAL PETITIONS JOINT MEMO FILED BY THE PETITIONERS AND 2^° RESPONDENT It is to submit that the allegation of the complaint is that there are previous disputes in between the 2"'* respondent and the petitioners herein since long time the petitioners in the present quash petition was arrayed as accused 1 to 3 in the above crime and the same was pending before the 4*'^ respondent police station and numbered as Crime No 79 of 2023 of Desha Police Station, Vijayawada City under sections 498-A of I PC and 3 and 4 of Dowry Prohibition Act at this point of time to put to ah end to the dispute came forward to compound the offence. 1. 1. I submit that the intervention of the well-wishers and elders of the both parties settled the matter amicably out of the court by agreeing to dissolve the marriage by mutual consent and withdraw the pending cases against the accused. That due to the said reasons, I came forward to withdraw the complaint for which I am also executed an Affidavit stating that I am ready to withdraw the above said case. 2. It is submitted that the matter is settle out of the court, I am ready to withdraw the case against the accused 1 to 3 considering all the above circumstances this Hon'ble Court may be pissed to quash the proceedings against accused 1 to 3 in Crime No 79 of^3 of Distia Police Station, Vijayawada City under sections 498-A of IPC and 3 and 4^^ Dowry Prohibition Act ,otherwise the petitioners and their family meinijeffs wl suffer irreparable loss. 3. 4. It is therefore prayed that this Hon’ble Cos®t Jbe ffeased to record the compromise statement and quash the Crimel&tTSaf2023of Disha Police Station, Vijayawada City under sections 498-A of IPC and 3 and 4 of Dowry Prohibition Act in the interest of justice arid pass such cMder or orders may deem fit and proper in the circumstances of tihe ' .■ ■ •.>. '' As such we have filed a petition seeking the Hon’bie Court to record the compromise. The contents mentioned in the said compromise petition and correct to the best of our knowledge and belief. The-said entered with our free will and consent and without are true compromise is any undue influence from any one. Hence we are filing the present Joint Memo. Hence the Joint Memo. 1. Kotha Ramadevi Kotha Sarvothama Reddy Kotha Sandeep Reddy (Rep. by GPA Holder Kotha Rama Devi) 2. 3. SJ Naredia Maneesha ^ (Rep. by GPA holder Naredia Madhu Priya) (Defacto Complainant) S: 1. Cou ns^l^for^etitionere / Counsel for Respondent