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2025 DAILYLAW 30920 (AP)

KUMPATLA MANI v. STATE OF ANDHRA PRADESH

CRLP/6500/2021 · 2025-07-23

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010447942021 IN THE HIGH COURT OF ANDHRA PRADESJ^i^^ AT AMARAVATI ,o\^ THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.NOs.l TO 3 OF 2025 IN/AND CRIMINAL PETITION NO: 6500 OF 2021 Between: 1. Kumpatia Mani, W/o.Surya Prakash Rao, aged about 58 years, Housewife, R/o.D.No.11-945-68, H.No.53, Vysya Bank Colony, 3^-^ Lane, Vidya Nagar, Guntur. 2. Kumpatia Surya Prakash Rao, S/o.Venkateswarlu, aged about 62 years. Retd. Employee, R/o.D.No. 11-945-68, H.No.53, Vysya Bank Colony, 3'"^ Lane, Vidya Nagar, Guntur. 3. Kuna Aparna, W/o.Vishnu, aged about 37 years. Housewife, R/o.1929, 2"'^ Floor, 22A Mann, 22 Cross, Sector-2, Bangalore City. 4. Kuna Vishnu, S/o.Ganapathi Rao, aged about 42 years. Employee, R/0.1929, 2"^^ Floor, 22A Mann, 22 Cross, Sector-2, Bangalore City. ...PETITIONERS 1 TO 4/ACCUSED 2 TO 5 KV AND 1. The State of Andhra Pradesh Amaravati, Guntur. rep by Public Prosecutor, High Court ...RESPONDENT 2. Kosana Venkata Kiranmai, W/o.K.Sasidhar aged about 33 years R/0.D.N0.4-4-142/5A/1, 7*^ Lane, Chandra Mouli Nagar, Guntur. ...RESPONDENT/COMPLAINANT Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased to call for the records in CC No. 4387 of 2021 on the file of Special Mobile Magistrate Court, Guntur and quash the , the same. lA NO: 1 OF 2071 Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition the High Court copy of CC No.4387 of for the time being may be pleased to dispense with the filing of certified 2021 on the file of Special Mobile Magistrate Court, Guntur, in the above Criminal Petition. lA NO: 2 OF 9091 Petition filed under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Criminal Petition the High Court may be pleased to grant stay of all further in CC No.4387 of 2021 on the file of Special Mobile Magistrate Court Guntur including the appearance of petitioners pending disposal of the above Criminal Petition. lA NO: 1 OF 2025 Between: Kosana Venkata Kiranmai, W/o.KumpatIa Sasidhar, aged about 40 years, R/o.D.No.4-4-142/5A/1, 7**^ Lane, Chandra Mouli Nagar, Guntur City and District, A.P. ...PETITIONER/RESPONDENT N0.2/DEFACT0 COMPLAINANT AND 1. Kumpatia Mani, W/o.Surya Prakash Rao, aged about 58 years. Housewife, R/o.D.No.11-945-68, H.No.53, Vysya Bank Colony, 3 Lane, Vidya Nagar, Guntur. rd 2. Kumpatia Surya Prakash Rao, S/o.Venkateswarlu, aged about years. Retd. Employee, R/o.D.No. 11-945-68, H.No.53, Vysya Bank Colony, 3^^ Lane, Vidya Nagar, Guntur. 3. Kuna Aparna, W/o.Vishnu, aged about 37 years. Housewife, R/o.1929, 2 ^ Floor, 22A Mann, 22 Cross, Sector-2, Bangalore City, Karnataka State. 4. Kuna Vishnu, S/o.Ganapathi Rao, aged about 42 years. Employee, R/0.1929, 2"^ Floor, 22A Mann, 22 Cross, Sector-2, Bangalore City, Karnataka State. 62 ...RESPONDENTS/PETITIONERS/ACCUSED N0.2 TO 5 5. The State of Andhra Pradesh of Andhra Pradesh. rep by its Public Prosecutor, High Court ...RESPONDENT/RESPONDENT N0.1 Petition filed under Section 320 (6) of Cr.P.C and Section 359 (6) with Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminai Petition, the High Court may be pleased to grant permission to the De-facto Complainant to withdraw the case against the read Accused No.2 to 5 in C.C.No.4387 of 2021 which is pending before the II Additional Civil Judge (Junior Division), Guntur, Guntur District under Sec. 482 Cr.P.C. as both the parties have compromised the matter and the proceedings against the Accused No.2 to 5 may be quashed by exercising powers under Sec.482 Cr.P.C. vested with the High Court. *Jomt Compromise Memo enclosed (vide separate sheet) lA NO: 2 OF 2025 Between: Kosana Venkata Kiranmai, W/o.KumpatIa Sasidhar, aged about 40 years, R/o.D.No.4-4-142/5A/1, 7*^ Lane, Chandra Mouli Nagar, Guntur City and District, A.P. ...PETITIONER/RESPONDENT N0.2/DEFACT0 COMPLAINANT AND 1. Kumpatia Mani, W/o.Surya Prakash Rao, aged about 58 years, Housewife, R/o.D.No.11-945-68, H.No.53, Vysya Bank Colony, 3 Lane, Vidya Nagar, Guntur. 2. Kumpatia Surya Prakash Rao, S/o.Venkateswarlu, aged about 62 years. Retd. Employee, R/o.D.No. 11-945-68, H.No.53, Vysya Bank Colony, 3'’'^ Lane, Vidya Nagar, Guntur. 3. Kuna Aparna, W/o.Vishnu, aged about 37 years. Housewife, R/o.1929, 2"^ Floor, 22A Mann, 22 Cross, Sector-2, Bangalore City, Karnataka State. 4. Kuna Vishnu, S/o.Ganapathi Rao, aged about 42 years. Employee, R/o.1929, 2"“^ Floor, 22A Mann, 22 Cross, Sector-2, Bangalore City, Karnataka State. rd ...RESPONDENTS/PETITIONERS/ACCUSED N0.2 TO 5 5. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh. ...RESPONDENT/RESPONDENT N0.1 Petition filed under Section 320 (2) of Cr.P.C and Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to grant permission to the De-facto Complainant, also to the Accused No.2 to 5 in C.C. No.4387 of 2021 which is pending before the II Additional Civil Judge (Junior Division), Guntur, Guntur District to compromise the matter under Sec.482 Cr.P.C. as all the parties have compromised the matter. lA NO: 3 OF 2025 Between: Kosana Venkata Kiranmai, W/o.KumpatIa Sasidhar, aged about 40 years, R/o.D.No.4-4-142/5A/1, Lane, Chandra Mouli Nagar, Guntur City and District, A. P. ...PETITIONER/RESPONDENT N0.2/DEFACT0 COMPLAINANT AND 1. Kumpatia Mani, W/o.Surya Prakash Rao, aged about 58 years. Housewife, R/o.D.No. 11-945-68, H.No.53, Vysya Bank Colony, 3 Lane, Vidya Nagar, Guntur. 2. Kumpatia Surya Prakash Rao, S/o.Venkateswarlu, aged about 62 years. Retd. Employee, R/o.D.No. 11-945-68, H.No.53, Vysya Bank Colony, 3'"'^ Lane, Vidya Nagar, Guntur. 3. Kuna Aparna, W/o.Vishnu, aged about 37 years. Housewife, R/o.1929, 2"'^ Floor, 22A Mann, 22 Cross, Sector-2, Bangalore City, Karnataka State. 4. Kuna Vishnu, S/o.Ganapathi Rao, aged about 42 years. Employee, R/0.1929, 2'"'^ Floor, 22A Mann, 22 Cross, Sector-2, Bangalore City, Karnataka State. rd ...RESPONDENTS/PETITIONERS/ACCUSED NO.2 TO 5 5. The State of Andhra Pradesh, rep by its Public Prosecutor, High Court of Andhra Pradesh. ...Respondent/Respondent No.1 Petition under Section 329 (2) of Cr.P.C and Section 359 (2) read with 528 of BNSS praying that in the circumstances stated in the Memorandum of Criminal Petition, the High Court may be pleased to compound the offences U/Sec.498-A, 506 r/w 34 I PC and Sec. 3, 4 of D.P. Act in C.C. No.4387 of 2021 which is pending before the II Additional Civil Judge (Junior Division), Guntur, Guntur District as the Court having ample power U/s.482 Cr.P.C. to compound the offence as all the parties compromised. Counsel for the Petitioners : SRI K.V.BHANU PRASAD Counsel for the Respondent No.1 : ASSISTANT PUBLIC PROSECUTOR Counsel for the Respondent No.2 : SRI G.L.NAGESWAR RAO The Court made the following COMMON ORDER : APHC010447942021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSANt) AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 to 3 of 2025 IN/AND CRIMINAL PETITION No. 6500/2021 Between: 1.KUMPATLA MANI, W/0. SURYA PRAKASH RAO, AGED ABOUT 58 YEARS, HOUSEWIFE, R/0. D.NO. 11-945-68, H.NO. 53, VYSYA BANK COLONY, 3RD1ANE, VIDYA NAGAR, GUNTUR. 2.KUMPATLA SURYA PRAKASH RAO, S/0. VENKATESWARLU, AGED ABOUT 62 YEARS, RETD. EMPLOYEE, R/0. D.NO. 11- 945-68, H.NO. 53, VYSYA BANK COLONY, 3RD LANE, VIDYA NAGAR, GUNTUR. 3.KUNA APARNA, W/0. VISHNU, AGED ABOUT 37 YEARS, HOUSEWIFE, R/0. 1929, 2ND FLOOR, 22A MANN, 22 CROSS, SECTOR-2, BANGALORE CITY. 4.KUNA VISHNU, S/0. GANAPATHI RAO, AGED ABOUT 42 YEARS, EMPLOYEE, R/0: 1929, 2ND FLOOR, 22A MANN, 22 CROSS, SECTOR-2, BANGALORE CITY. ...PETITIONER/ACCUSED(S) ; ; AND 1. STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR HIGH COURT, AMARAVATI, GUNTUR. 2.KOSANA VENKj!\TA KIRANMAI, W/0. K. SASIDHAR, AGED ABOUT 33 YEARS, R/GT D.NO. 4-4-142/5N1, 7TH LANE, CHANDRA MOULI NAGAR, GUNTUR. RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/acctised(S): 1.KVBHANU PRASAD Counsel for the Respondent/c6rnplalnant(S): 1. G L NAGESWAR RAO 2 2. PUBLIC PROSECUTOR (AP) The Court made the following: COMMON QRDFR- The instant petition under Section 482 of Criminal Procedure Petitioners / Accused the proceedings against them in Code, 1973 (for short ‘Cr.P.C’) has been filed by the No.2 to 5, seeking quashment of C.C.No.4387 of 2021 on the file of the Court of Special Mobile Magistrate Guntur for the offences under Sebtions 498-A and 506 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act I.A.Nos.1 to 3 of 2025 , 1961. 2. are filed by Respondent No.2/De facto complainant seeking permission to withdraw the case against Petitioners/Accused Nos.2 to 5, to compound and compromise the offences alleged against them in C.C.No.4387 of 2021 on the file of the Court of Special Mobile Magistrate, Guntur. 3. Petitioners / Accused Nos.2 to 5 and Respondent before this Court and No.2 appeared were identified by their respective learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. Learned Assistant Public Prosecutor is in attendance. 5. Both parties would submit that they settlement for withdrawal of the Respondent No.2/De facto complainant maintenance case pending before the Family Court, 4. came to an amicable cases pending between them and agreed to withdraw the Guntur and for : J obtaining mutual divorce and Memorandum of Understanding dated 22.04.2025 was also executed to that effect. The present case has been lodged based on the matrimonial disputes between the parties and Respondent No.2 filed her affidavit wherein it was stated that she is intending to withdraw the case against Accused Nos.2 to 5 since she is not interested to prosecute the Considering the submissions, in terms of the mediation held between the parties, and in the interest of justice, I.A.Nos.1 to 3 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the against the Petitioners/Accused Nos.2 to 5 in C.C.No.4387 of 2021 on the file of the Court of Special Mobile Magistrate, Guntur, is hereby quashed. 6. same. 7. case As a sequel thereto, miseellaneous petitions pendinq, if anv. shall SD/- G.HELA NAIDU ASSISTANT stand closed. I^^TRAR //TRUE COPY// SECTION OFFICER To. 1. The Special Mobile Magistrate Court, Guntur, Guntur District. 2. The II Additional Civil Judge (Junior Division), Guntur, Guntur District. 3. The Station House Officer, Women Police Station, Guntur. Guntur Urban District. 4. One CC to Sri K.V.Bhanu Prasad, Advocate [OPUC] 5. One CC to Sri G.L.Nageswar Rao, Advocate [OPUC] 6. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh at Amaravati [OUT] 7. Two CD Copies BSV TAC *Joint Compromise Memo enclosed (vide separate sheet) HIGH COURT DATED:24/07/2025 COMMON ORDER I.A.Nos.1 to 3 of 2025 In/And CRLP NO. 6500 OF 2021 ^ 0 3 SEP 2025 '^>>QiKrentSectioivX^ I.A.Nos.1 to 3 of 2025 are ALLOWED ALLOWING THE CRIMINAL PETITION