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2025 DAILYLAW 31649 (AP)

BANDARUPALLI PAVAN KUMAR v. MALLINEEDI HIMABINDU

CRLP/9227/2025 · 2025-09-14

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010463472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1& 2 of 2025 IN/AND CRIMINAL PETITION No. 9227/2025 Between: 1. BANDARUPALLI PAVAN KUMAR, SON OF SRI SRINIVAS, AGED ABOUT 33 YEARS. RESIDENT OF PLOT NO.201, DWARAKAMAYA HOME, PJR ENCLAVE, AMEENPUR, SANGAREDDY, HYDERABAD, TELANGANA STATE-502032 2. BANDARUPALLI SRINIVAS, SON OF SRI KRISHNA, AGED ABOUT 58 YEARS. RESIDENT OF PLOT NO.201, DWARAKAMAYA HOME, PJR ENCLAVE, AMEENPUR, SANGAREDDY, HYDERABAD, TELANGANA STATE-502032. 3. BANDARUPALLI PARVATHI, WIFE OF SRI BANDARUPALLI SRINIVAS, AGED ABOUT 52 YEARS. RESIDENT OF PLOT NO.201, DWARAKAMAYA HOME, PJR ENCLAVE, AMEENPUR, SANGAREDDY, HYDERABAD, TELANGANA STATE-502032. 4. BANDARUPALLI SRI NAVYA BHARGAVI, DAUGHTER OF SRI BANDARUPALLI SRINIVAS, AGED ABOUT 34 YEARS. RESIDENT OF PLOT NO.91, DWARAKAMAYA HOME, PJR ENCLAVE, AMEENPUR, SANGAREDDY, HYDERABAD, TELANGANA STATE- 502032. ...PETITIONER/ACCUSED(S) AND 1. MALLINEEDI HIMABINDU, DAUGHTER OF SRI M. RANGA RAO, AGED ABOUT 25 YEARS, OCCUPATION HOUSEHOLD, RESIDENT OF H.NO.8-121, MAIN ROAD, GUNTUPALLI, GUNTUPALLE, PRAKASHAM, ANDHRA PRADESH - 523301. 2. THE STATE OF ANDHRA PRADESH, THROUGH P.S. BALLIKURAVA, BAPATLA DISTRICT, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT FOR THE STATE OF ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): 2 Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Criminal proceedings initiated against the Petitioners/Accused No.1 to 4 herein in C.C.No.555 of 2025 on the file of the Additional Judicial Magistrate of First Class, Addanki, Counsel for the Petitioner/accused(S): 1. DHARMESH D.K.JAISWAL Counsel for the Respondent/complainant(S): 1. Y MAHA LAKSHMI 2. PUBLIC PROSECUTOR COMMON ORDER: The instant Criminal Petition is filed by the Petitioners under Section 528 of B.N.S.S., 2023 for the following relief: “ ... to Quash the Criminal proceedings initiated against the Petitioners/Accused No.1 to 4 herein in C.C.No.555 of 2025 on the file of the Additional Judicial Magistrate of First Class, Addanki, ...” IA.No.1 of 2025 is filed under Section 359(6) read with Section 528 of BNSS, 2023, by the Petitioner/de facto Complainant seeking permission to compromise the matter with the respondents/Accused by quashing the Proceedings in CC No.555 of 2025 on the file of the court of Additional Judicial Magistrate of First Class, Bapatla Distrct at Addanki. IA No.2 of 2025 is filed under Section 359(2) read with 528 BNSS, 2023 requesting to record compromise in CC No.555 of 2025 on the file of the court of Additional Judicial Magistrate of First Class, Bapatla Distrct at Addanki. Petitioner herein, who is the Defacto Complainant filed a complaint against the Accused alleging that the marriage of respondent NO.1 with A.1 took 3 place on 27.08.2021 and they resided together at Ameenpur, Sangareddy District till 28.10.2023. Thereafter certain disputes arose between the couple. Petitioner No.1/A.1 filed a Petition for divorce vide HMOP No.21 of 2024 on the file of the court of Principal Senior Civil Judge, Sangareddy District and vide Order and Decree, dated 11.06.2024, an ex parte decree came to be passed and thereafter, the ex parte order was set aside vide Order and Decree dated 26.03.2025 in IA No.891 of 2024 in HMOP No.21 of 2024. Respondent No.1/ de facto Complainant gave a complaint against the Petitioners to the Police which was registered as a case in Crime No.138 of 2024 of Ballikurava Police Station for the offences punishable under Sections 85 read with Section 3(5) of BNS and Sections 3 and 4 of the dowry Prohibition Act. After completion of investigation, Police filed charge sheet vide CC No.555 of 2025 on the file of the court of Additional Judicial Magistrate of First class, Prakasam District at Addanki. Seeking quashment of the said Proceedings, the present Criminal Petition is filed. During the pendency of the cases, it is represented before this Court that the matter is compromised between the parties and IA Nos.1 and 2 of 2025 along with Joint memo is filed. On 04.09.2025 this Court directed the parties to appear before the Mediation Centre, High Court of Andhra Pradesh. Mediation Proceedings are conducted and the parties and the Advocate as a Mediator appeared before the Mediation Centre and a Mediation Report along with the Proceedings dated 15.09.2025 are placed on record. 4 Today, both Parties appeared before this court and they are identified by their respective learned counsels on record. Copies of the Aadhar cards of the parties attested by their respective counsels are filed for proper identification. Learned Assistant Public Prosecutor is in attendance. Parties filed compromise petitions as stated supra stating that at the intervention of the elders the parties entered into a Memorandum of Understanding dated 04.08.2025 and they are taking steps to close all the matters which are pending between the parties in different Courts. The parties decided to settle the issue amicably and respondent No.1 agreed to withdraw the case against Petitioners in CC No.555 of 2025. Respondent No.1 submitted that there is no coercion and undue influence for settling the issue with the Petitioners. It is only to keep harmony between them, the issue is resolved amicably and she has no objection to record compromise in this matter. Considering the submissions, in the interests of justice, I.A.Nos.1 and 2 of 2025 are allowed. Consequently, this Criminal Petition is allowed and the Proceedings in CC No.555 of 2025 on the file of the court of Additional Judicial Magistrate of First Class, Bapatla District at Addanki, against the Petitioners/Accused are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 9227 of 2025 15.09.2025 Mjl /*