APHC010471992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7601/2024 Between: 1. GOLLA DEEPAK, S/O KOTESWARA RAO, AGED 29 YEARS, OCC- UNEMPLOYED, R/O HNO-12-89, HOUSING BOARD COLONY, PEDDAPADU MANDAL, VATLUR, WEST GODAVARI DISTRICT. ...PETITIONER/ACCUSED AND 1. NANCY AGNUS MULLER, W/O GOLLA DEEPAK, D/O ROBERT MULLER, AGED 26 YEARS, R/O HNO- 15, SLV COLONY, NEAR HYDERABAD PUBLIC SCHOOL KODUMUR ROAD, KURNOOL DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AMARAVATHI. ...RESPONDENT/COMPLAINANT(S): 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 pleased to quash the order in CrI.M.P No: 27 of 2022 in FCMC No: 16 of 2022 dated 20.08.2024 on the file of the Learned Judge, Family Court cum IV Addl. District Judge, Kurnool and pass IA NO: 1 OF 2024 Petition under Section 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 pleased to grant stay of all further proceedings in 2 order in FCMC No; 16 of 2022 on the file of the learned Judge, Family Court cum IV Addl. District Judge. Kurnool and pass Counsel for the Petitioner/accused: 1. M SOLOMON RAJU Counsel for the Respondent/complainant(S): 1. POTHAMSETTY JAYA PRAKASH 2. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7601/2024 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the order dated 20.08.2024 passed by the learned Judge, Family court-cum-IV Additional District Judge, Kurnool in Crl.M.P.No.27 of 2022 in FCMC No.16 of 2022. 2. Heard Sri M.Solomon Raju, learned counsel for the Petitioner/Accused, Sri Pothamsetty Jaya Prakash, learned counsel for the respondent No.1 and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that the petitioner herein is the respondent in FCMC No.16 of 2022, wherein an amount of Rs.10,000/- was granted as interim maintenance to the wife. Learned counsel for the petitioner would further submit that the Trial Court has not followed the guidelines issued by the Hon’ble Apex Court in Rajnesh Vs.Neha & another1. Parties’ affidavits are not filed and there is no proof of income of the petitioner. It is the specific case of the petitioner that he was made jobless because of the complaint lodged against him by his wife. 1 2021(2) SCC 324 4 4. Learned counsel for the respondent would submit that the petitioner is working as Engineer and getting an income of Rs.80,000/- per month. 5. Considering the submissions and a fair look at the material placed on record, the fact remains that no proof of income is placed before the Court by the date of passing the impugned order. The impugned order would further show that the Court has not followed the guidelines issued by the Hon’ble Apex Court. Be that as it may, since it is only interim maintenance and as reported by the learned counsel for the petitioner that the petitioner is ready to pay Rs.5,000/- per month towards interim maintenance, it is apposite to dispose of the petition without causing any prejudice to the rights and contentions of the parties. 6. In that view of the matter, the present Criminal Petition is partly allowed. The impugned order is set aside to the extent of reducing the interim maintenance of Rs.10,000/- to Rs.5,000/- per month. However, the parties are at liberty to raise all the contentions before the Trial Court since the main case is pending before the Trial Court. The petitioner shall pay the arrears of the monthly maintenance @Rs.5,000/- per month within a period of four (4) weeks from today, failing which, the order shall stand cancelled. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.08.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7601/2024 Dated.19.08.2025 UPS 29