IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE At PRESENT O H o vj; THE HONOURABLE SRI JUSTICE HARINATH.N l■A.Nos.1.2&3of 2025 in/and CRIMINAL PETITION No.5711 of 2022 CRIMINAL PETITION No.5711 of 2022 Between: Pothugutia Sushmi, D/o.Krishnamurthy@Susmitha, Aged 28 years, R/o line, Brundhavan Guardens, Guntur City, Guntur. ...Petitioner/Accused No.4 AND 1. The State of Andhra Pradesh, through S.H.O., Thulluru P.S., Gunturu rep.by its Public Prosecutor, High Court of Judicature at Amaravati. ...Respondent 2. Kamineni Rahithya, D/o. Kamineni Srinivas, Aged 28 years, R/o. Venkatapalem Village, Thulluru Mandal, Guntur. ...Respondent No.2/Defacto 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 quash the absconding chargesheet against the petitioner i.e.. Accused No.4 in C.C.No.418 of 2022 on the File of Hon'ble Additional Junior Civil Judge, Mangalagiri, Guntur District. I.A. NO: 2 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 including the appearance of the petitioner in Proceedings in C.C.No.418 of 2022 on the File of Hon'ble Additional Junior Civil Judge Mangalagiri, pending disposal of the above criminal petition. I.A. NO: 1 OF 2025 Petition 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 father of the petitioner who is the GPA agent of the petitioner in the above matter. I.A. NO: 2 OF 2025 Petition 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 Petitioner/ Accused-4 and 2 Respondent/De-facto Complainant to compromise the case with the shall quash C.C.No.418 of 2022 on the file of the Additional Junior Civil Judge, Mangalagiri, Guntur District., for the offences under Sections 498(A), R/W.34 IPC and Section 3 & 4 of Dowry Prohibition Act in the present case. I.A. NO: 3 OF 2025 Petition 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 Compromise between Petitioner and 2nd Respondent in terms of Joint Memo and to pass the proceedings in C.C.418/2022on the file of Additional Junior Civil Judge, Mangalagiri and to pass appropriate orders. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mannava Sravan Kumar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri Ramineni Satish Babu, Advocate for the Respondent No.2. The Court made the following: COMMON ORDER nd 1 APHC010373692022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5711/2022 Between: ...PETITIONER/ACCUSED Pothugutia Sushmi @p.susmitha AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) and Others Counsel for the Petitioner/accused: 1.MANOJ KUMAR BETHAPUDI Counsel for the Respondent/complainant(S): 1.RAMINENI SATISH BABU 2. PUBLIC PROSECUTOR (AP) 2 THE HONOURABLE SRI JUSTICE HARINATH.N lA Nos.1.2 and 3 of 2025 in/and Criminal Petition No:5711 of 2022 The Court made the following Common Order: The Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 by the petitioner herein to quash the proceedings initiated against them in Crime No.261 of 2021 registered for the offence punishable under Sections 498-A of IPC, Sections 3 & 4 of DPA, 1961 read with 34 of IPC by Thullur Police Station, Guntur District. 2. The de facto complainant filed I.A.Nos.1, 2 and 3 of 2025 duly enclosing a Joint Memo entered between the petitioner as well as de facto complainant on 17.03.2025. It is stated that at the intervention of elders on both sides, the petitioner and the de facto complainant have arrived at an understanding and the matter has been settled between them. 3. Learned counsel for the petitioner and learned counsel representing for the unofficial respondent No.2 (de facto- complainant) and learned Assistant Public Prosecutor representing respondent No. 1/State are present. 3 Today, when the matter is taken up, petitioner herein/Accused No.4 and 2''^ respondent herein are present before this Court. They produced their respective Aadhar cards in 4. V. proof of their identity. Learned counsel for the petitioner and the learned counsel for 2"^^ respondent have identified the parties in the open Court. This Court has questioned 2'^'^ respondent herein/c/e facto 5. complainant with regard to compromise, and she categorically stated to that extent that she has voluntarily entered into compromise with the petitioner herein/ Accused No.4. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. Since, the parties entered into settlement and compromise 6. the Criminal Petition is allowed and therefore, the proceedings in Crime No.261 of 2021 on the file of Thulluru Police Station Guntur District, against the petitioner herein/Accused No.4 is hereby quashed. Accordingly, I.A.Nos.1, 2 and 3 of 2025 and Criminal 7. Petition No.5711 of 2022 are allowed. 4 As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY, REGISTRAR //TRUE COPY// rJON<JFFICER SEi To 1. The Additional Civil Judge (Junior Division), Mangalagiri, Guntur District. 2. The Station House Officer, Thulluru Police Station, Guntur District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravati [OUT] 4. One CC to Sri Sravan Kumar Mannava, Advocate [OPUC] 5. One CC to Sri R Satish Babu, Advocate [OPUC] 6. Three CD Copies. (*along with the Joint Compromise Memo in I.A.No.3 of 2025 in CRLP No.5711 of 2022) TK HIGH COURT TK DATED: 19/03/2025 COMMON ORDER I.A.Nos.1, 2 & 3 of 2025 in/and CRLP.No.5711 of 2022 g 2 7 MAR 2025 Ciirf9nt Sefition . ALLOWING THE I.A.Nos.1, 2 & 3 of 2025 AND ALLOWING THE CRIMINAL PETITION IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI I I.A. No. OF 2025 IN CRLP.No.5711 OF 2022 BETWEEN: Pothuguntia Sushmi D/o Pothuguntia Krishna Murthy, aged about 28 years, R/o.7‘^ line, Brundavan Gardens, Guntur, presently residing at USA. ... Petitioner/Accused No.4 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court, Amavarathi ... 1®* Respondent 2. Kamineni Rahithya, D/o Kamineni Srinivas, aged 29 years, R/o Venkatapalem Village, Thulluru Mandal. Guntur ...2 Respondent / De-facto Complainant JOINT MEMO 1. It is submitted that the petitioner along with three others are being prosecuted as Accused in C.C.No.418 of 2022 on the file of Addl. Junior Civil Judge, Mangalagiri, Guntur District, for the alleged offences under Sections 498(A) R/w.34 of IPC and Sections 3 & 4 of Dowry Prohibition Act. ^ ^ 2. It is submitted that the Petitioner/ Accused No.4 i sister-in-law of Respondent-2/De-facto Complainant. 3. It is submitted that the 2"'' respondent / de-facto complainant lodged a police report on 17.08.2021 averring that Accused No.1 married heron 30-05-2021, who is working as Software Engineer and at the time of marriage, parents of the 2"'^ respondent/ de-facto complainant gave Ten Lakhs Rupees, one diamond ring, one gold ring, one bracelet, one gold chain as dowry and the parents of Accused No.1 herein promised to send the 2"'' respondent / de-facto complainant to America along with her husband A1. But when she went home for Ashadam (A month in which newly married coupiestay apart in their respective parents’ House), she came to know that her husbandbooked his ticket to leave to America on 22- 08-2021 alone. When the same was questioned, the 2"'^ respondent / defacto-complainant and her threatened by the petitioner and other accused. It is further parents were stated that the petitioner/accused -4herein along with other accused are torturing her by demanding her to register agricultural land in the name of Accused No.1. Based on the said report, LW7 registered an FIR in Cr.No.261 of 2021 against the petitioner and others on 17.08.2021 at 16.00 hrs for the alleged offence U/Secs.498A R/w.Sec.34 of IPC Sections 3 and 4 of Dowry Prohibition Act, 1961. an and 4. The Petitioner submits that after registering the Crime, the police filed a charge sheet against the Petitioner / Accused No.4and others and the same is numbered as CC 418/2022 on the file of Junior Civil Judge, Mangalagiri and the pending adjudication. Meanwhile, at the intervention of elders and well-wishers of the petitioner and Respondent, they decided to settle the issues amicably. The 2"^^ respondent / de- facto complainant agreed to withdraw the aforesaid criminal complaint lodged against petitioner/Accused No.4 and her family members pending on file of the Addl. Junior Civil Judge, Mangalagiri, Guntur District. The 2"*^ Respondent humbly submits that continuation of Criminal Proceedings would great hardship. It is submitted that the 2"'^ respondent / de- facto complainant filed her affidavit stating that she has objection to withdraw the case in view of the compromise effected between them. Petitioner and the 2"'^ Respondent filed petition to compound the offences and quash the proceedings pending against the petitioner / Accused -4and others. same is cause no 5. The petitioner and the 2"''respondent humbly submit that continuation of Criminal Proceedings would cause great hardship. The 2"'^ respondent / de-facto complainant already filed DVC 49/2021 on the file of Addl. Judicial Magistrate of I Class cum Civil Judge (Junior Division), Mangalagiri and the same is dismissed as matter settled out of court. Further the 2 respondent also filed FCOP on the file of family court, Guntur and obtained divorce from the 1 nd accused.The 2 respondent/de-facto complainant is no more interested to prosecute the case further. 1 e? In the above circumstances, both the parties have approached this Hon’ble Court to quash the proceedings in C.C.No.418 of 2022 on the file of the Addl. Junior Civil Judge, Mangalagiri, Guntur District. Hence, the present joint memo. 6. Hence, this Joint Memo. Amaravati DATE: 17.03.2025 For Petitioner ^ GPA Agent Counsel for Petitioner Petitioner Respondent <2 L u Co^n^Tor Respondent-2