P APHC010386S22023 IN THE HIGH COURT OF ANDHRA PRADES ATAMARAVATI ^ (Special Original Jurisdiction) \ WEDNESDAY, THEJWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE a [PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5720/2023 Between: I.Yerukali Vijaya Kumar @ Vfja^' S/o Y Veeranna, Aged About 38 Years near P occ. Seb Inspector, H.NO. C-29-525, spencers back side Suraksha Hospital, New RTG Biiis Stand, Kadapa, Kadapa District, A.P 2.Yerukala Urukundamma@ Umadevi, W/o Y Vijaya Kumar, aged about 35 years, occ. Housewife, ^^No. C-29-525, spencers back side, near Suraksha Hospital, New RTC Bus Stand, Kadapa, Kadapa District, A.P. PETITIONER/ACCUSED N0.5 AND 6 ■tT AND 1.The State of Andhra Pradeshrthrough S.H.O Anantapuramu Women PS represented by P P High Court of Andhra Pradesh, Amaravathi. 2.S Saraswathi, W/o K Sreefilyasulu, aged 32 YEARS, D.NO. 1-169, Anjali Nilayam, Susheela Reddy Colony, OPP Polytechnic College, Ananatapuramu ! ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstancesJstated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call for the records relating to and in connection with S C No. 176 of 2022 on the file of Hon'ble IV Additional District Judge, Anantapuramu registered under sections 498A, 323. 506. 313 R/w 34 IPC Sections 3 and 4 of D.P. Act consequently quash the same against the petitioners Accused N6?5 and 6 ■ i s lA NO: 1 OF 2023 Petition under Section 482 of Gr.P.C and 528 of BNSS praying that in the circumstances stated in the Merhorandum of Grounds of Criminal Petition, the High Court may be pleased td igrahf Stay of all further proceedings of the Petitioners/Accused No.5 and 6 in cdhnection with Charge Sheet vide S C No. 176 of 2022 on the file of Hon'ble'lU Additional District Judge, Anantapuramu registered under sections 498A, 323, 506, 313 R/w 34 IPC ; Sections 3 and 4 of D.P. Act Counsel for the Petitioners/accused: SMT. AYESHA AZMAS Counsel for the Respondent/complainant No.2: SRI O UDAY KUMAR Counsel for the Respondent/Cohiplaint No.1: PUBLIC PROSECUTOR <. • APHC010386822023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5720/2023 j Between: Yerukali Vijaya Kumar @ Vijay and Others ...PETITIONER/ACCUSED(S) AND RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.AYESHAAZMAS Counsel for the Respondent/comp1alnant{S): 1.0 UDAYA KUMAR ^ 2.PUBLIC PROSECUTOR (AP) The Court made the following: CRLP.No.5720 of 2023 THE HON’BLE SRUUSTiCE HARINATH. N CRIMINAL PETITION No.5720 of 2023 ORDER: The petitioners are seeking quash of SC.No.176 of 2022 on the file of IV Additional District Judge, Ananthapuram for alleged offence under Sections 498-A, 323, 506, 313 read with 34 IPC and Section 3 and 4 of DP Act. 2. The 2"^^ respondent has filed a complaint against her husband and five others. The petitioners herein are arraigned as Accused Nos.5 and 6. The 1®* petitioner is the husband of 2""* petitioner and the 2"*^ petitioner is the sister of the accused No. 1. 3. The learned counsel appearing fpr the petitioners submits that the petitioners are residing separately after their marriage and that the only allegation against them is that, the petitioners have abused the 2"'^ respondent over phone. It is submitted that apart from the allegation that, the petitioners abused the 2"'^ respondent over phone. There is no other allegation against the petitioners which can attract any of the offences alleged against the petitioners. 4. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for the state and the learned counsel for the 2"^ respondent. Perused the material on record. J U3II CRLP.No.5720 of 2023 that the only allegation against have abused the defacto phone cannot attract 5. The material on record would show the petitioners is that the petitioners complainant over phone. Abuse over under Section 498^, 323, 506, 313 read with 34 iPC or offences Section 3 and 4 of DP Act conducted by the police also does not indicate with the 6. The investigation that no statement is recorded to reiate the petitioners call for which is to have been accused No.2 and the phone call which is alleged phone made by the 2"^ respondent to the petitioners in the said cail had abused the 2- respondent. There which phone number to which are no details as to when and from number the calf was made etc., phone protective legislature which is from cruelty, which mental wellbeing, 498-A of IPC is a specifically designed td ; protect women that endanger their physical or 7. Section includes acts harassment for dowry etc.', the provision recognizing that cruelty can emotional and psychdld^ical abuse often misused and cruelty is \ is broad in its scope. not only be physical violence, but also . However, the said provision is is extended beyond the permissible of the law. Abuse over phone is now alleged against the scope petitioners which certainly cannot be considered as cruelty on part 71 /M/z . CRLP.No.5720 of 2023 I of the petitioners for causing harassment to the 2"'* respondent. On perusal of the charge sheet and statements it is amply clear that the provisions of law for which the petitioners are facing trial cannot be prima facie attracted and it is clear that the petitioners have been arraigned as an accused for wreaking vengeance against the 2'^'^ respondent’s estranged husband. On these grounds, the criminal petition is allowed. SC.No.176 of 2022 on the file of IV Additional District Judge, Ananthapuram for alleged offence under Sections 498-A, 323, 506, 313 read with 34 IPO and Section 3 and 4 of DP Act against the petitioners is 8. f hereby quashed. 9. Pending miscellaneous petitions, if any, shall stands closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// 4 I SECTION OFFICER \\ I To J 1. The IV Additional District Judge, Ananthapuram 2. The Station House Officer, Mahila Police Station, Anantapuram ;^One CC to SMT. AYESHA AZMA S, Advocate [OPUC] 4. One CC to SRI O UDAY KUMAR, Advocate [OPUC] 5. Two CCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] w- ■I ;! HIGH COURT DATED: 25/06/2025 ORDER 11 CRLP 5720/2023 ALLOWING THE CRLP