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High Court of Andhra Pradesh · body

2025 DAILYLAW 26623 (AP)

Pothuguntla Krishna Murthy, v. The State of Andhra Pradesh,

CRLP/5514/2023 · 2025-03-19

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT I HONOURABLE SRI JUSTICE HARINATH.N I.A.Nos.l & 2 of 2025 in/and CRIMINAL PETITION No.5514 of 2023 Between: 1. Pothuguntia Krishna Murthy, S/o. Sambaiah, Aged about 60 years, R/o. 7'^ Line, Brundavan Gardens, Guntur City, Guntur. Pothuguntia Murali Rani, W/o. Krishna Murthy, Aged about 51 years, R/o. Line, Brundavan Gardens, Guntur City, Guntur. 2. ...Petitioners/Accused Nos.2 & 3 AND The State of Andhra Pradesh, Rep by its Public Prosecutor, High Court, Amaravathi. 1. ...Respondent No.1/Complainant Kamineni Rahithya, D/o Kamineni Srinivas, Aged 28 years, R/o Venkatapalem Village, Thulluru Mandal, Guntur. 2. ...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 proceedings in C.C. No.418 of 2022 on the file of the Hon'ble Additional Junior Civil Judge Court at Mangalagiri, Guntur District. LA, NO: 2 OF 2023 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 stay all further proceedings including, dispensing with the presence of the petitioners/accused Nos.2 and 3 in C.C. No.418 of 2022 on the file of the Hon'ble Additional Junior Civil Judge Court at Mangalagiri, Guntur District, pending disposal of the 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 petitioners/accused - 2 & 3and 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), RA/\/.34 IPC and Section 3 & 4 of Dowry Prohibition Act in the present case. I.A. NO: 2 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 Petitioners and 2"^^ Respondent in terms of Joint Memo and to pass the proceedings in C.C.418/2022 on the filer of Additional Junior Civil Judge, Mangalagiri, Guntur District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sravan Kumar Mannava, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and of Sri R Satish Babu, Advocate for the Respondent No.2. The Court made the following: 1 APHC010376682023 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) 0^^ [3457] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5514/2023 Between: Pothuguntia Krishna Murthy, and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT{S) and Others Counsel for the Petitloner/accused(S): 1.SRAVAN KUMAR MANNAVA Counsel for the Respondent/complainant(S): 1.RAM1NEN1 SATISH BABU 2. PUBLIC PROSECUTOR (AP) 2 THE HONOURABLE SRI JUSTICE HARINATH.N lA Nos.1 and 2 of 2025 in/and Criminal Petition No:5514of 2023 The Court made the following Common Order: The Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 by the petitioners 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 and 2 of 2025, duly enclosing a Joint Memo entered between the petitioners as well as de facto complainant on 17.03.2025. 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 facto- complainant) and learned Assistant Public Prosecutor representing respondent No. 1/State are present. 3 Today, when the matter is taken up, petitioners herein/Accused Nos.2 and 3, and 2''^ respondent herein are present before this Court. They produced their respective Aadhar 4. cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for 2^^ respondent have identified the parties in the open Court. This Court has questioned 2'^'^ respondent herein/de facto 5. complainant with regard to compromise, and she categorically stated to that extent that she has voluntarily entered into compromise with the petitioners herein/ Accused Nos.2 and 3. 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 petitioners herein/Accused Nos.2 and 3 is hereby quashed. Accordingly, I.A.Nos.1 and 2 of 2025 and Criminal Petition 7. No.5514 of 2023 are allowed. 4 As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR drrfe^FicER //TRUE COPY// SE To The Additional Junior Civil Judge, Mangalagiri, Guntur District. The Station House Officer, Thulluru Police Station, Guntur District. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravati [OUT] One CC to Sri Sravan Kumar Mannava, Advocate [OPUC] One CC to Sri R Satish Babu, Advocate [OPUC] Three CD Copies. (*along with the Joint Compromise Memo in I.A.No.2 of 2025 in CRLP No.5514of 2023) 1. 2. 3. 4. 5. 6. TK HIGH COURT TK DATED:19/03/2025 COMMON ORDER I.A.Nos.1 & 2 of 2025 in/and CRLP.No.5514 of 2023 ^ 2 I MAR 2025 Current SJection ^ ■>/ ALLOWING THE I.A.Nos.1 & 2 of 2025 AND ALLOWING THE CRIMINAL PETITION > IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI LA. No. 2—OF 2025 IN CRL.P.NO.5514OF2023 BETWEEN: 1)Pothuguntla Krishna Murthy S/o.Sambasiahss aged about 61 years, R/o.7*^ line, Brundavan Gardens, Guntur. 2)Pothuguntla Murali Rani W/o.Krishna Murthy Aged about 51 years, R/o.7*^ line, Brundavan Gardens, Guntur. ... Petitioners/Accused No.2 & 3 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court, Amavarathi ... 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 It is submitted that the petitioners along with two others being prosecuted as Accused in C.C.No.418 of 2022 on 1. are ,1 - ot _ 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 Petitioners/ Accused No.2&3 parents-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 her on 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, 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 couplestay 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 parents threatened by the petitioner and other accused, it is further 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 petitioners and others on 17.08.2021 at 16.00 hrs for the alleged offence U/Secs.498A R/w.Sec.34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. IS one were an Q <ir The Petitioners submit that after registering the Crime, the police filed a charge sheet against the Petitioners / Accused No.2&3and others and the same is numbered as CC 4. 418/2022 on the file of Junior Civil Judge, Mangalagiri and the same is pending adjudication. Meanwhile, at the intervention of elders and well-wishers of the petitioners and 2 Respondent, they decided to settle the issues amicably. The 2"'‘ respondent / de-facto complainant agreed to withdraw the against nd lodged complaint criminal aforesaid petitioners/Accused No.2&3and theirfamily members pending file of the Addl. Junior Civil Judge, Mangalagiri,Guntur on District. The 2"'^ Respondent humbly submits that continuation of Criminal Proceedings would cause great hardship. It is submitted that the 2"'‘ respondent / de-facto complainant filed her affidavit stating that she has no objection to withdraw the case in view of the compromise effected between them. Petitioners and the 2"'* Respondent filed petition to compound the offences and quash the proceedings pending against the Petitioners / Accused No.2.&3and others. 5. The petitioners and the 2"'^respondent humbly submit that continuation of Crim.inal Proceedings would cause great hardship. The 2"'* respondent / de-facto complainantalready 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®‘ accused.The 2 respondent/de-facto complainant is no more interested to prosecute the case further. nd In the above circumstances, both the parties have Hon’ble Court to quash the proceedings in the file of the Addl. Junior Civil Judge, Mangalagiri, Guntur District.Hence, the present joint memo. 6. approached this C.C.No.418of2022 on Hence, this Joint Memo. Amaravati DATE; 17.03.2025 1. 2. Counsel for Petitioners Petitioners C L P V CoufT^I fo'r Respondent-2 Respondent -2