Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 32650 (AP)

KOWLURU KAMALA LATHA v. THE STATE OF ANDHRA PRADESH

CRLP/7133/2021 · 2025-02-25

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010483802021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 7133/2021 Between: Kowluru Kamala Latha and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. B KAVITA YADAV Counsel for the Respondent/complainant(S): 1. K JYOTHI PRASAD 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI IA Nos.1 and 2 OF 2025 in/and Criminal Petition No:7133 OF 2021 C O M M O N O R D E R: This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioners herein/A2 & A3, to quash the proceedings in C.C. No.3121 of 2021 on the file of the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam, registered for the offences punishable under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Today, when the matter is taken up, learned counsel for the petitioners herein/Accused, learned counsel for the respondent No.2/de facto complainant, learned Assistant Public Prosecutor representing the State are present before this Court. The complainant and accused produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioners and the learned counsel for respondent No.2 identified their parties in the open Court. The concerned police officer is present before this Court and identified the parties. 3. This Court questioned the respondent No.2/de facto complainant with regard to compromise, and she categorically stated to the extent 3 that she has voluntarily entered into compromise with the petitioners herein/Accused and there is no threat, coercion or undue influence in arriving at the compromise. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak. 4. In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh v. State of Punjab & another1, on quashing of criminal case, when the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the proceedings in C.C. No.3121 of 2021 on the file of the learned I Additional Chief Metropolitan Magistrate, Visakhapatnam, is hereby quashed. 5. Accordingly, I.A.Nos.1 and 2 of 2025 and Criminal Petition No.7133 of 2021 are allowed. As a sequel thereto, the interlocutory applications, if any, pending in this Criminal Petition shall stand closed. JUSTICE B.V.L.N.CHAKRAVARTHI Dt. 25.02.2025 PSA 1 2012 (9) Scale 257 4 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI IA Nos.1 and 2 OF 2025 in/and Criminal Petition No:7133 OF 2021 Date: 25.02.2025 PSA