IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N PRESENT -O' CRIMINAL PETITION NO: 7789 OF 2023 Between: Gunnam Ravi Kumar, S/o. Subba Rao, Aged about 40 years, employee Suven Life Sciences Ltd., Working as Senior Executive SDE Suven Chambers, 6th Floor, Road No.5, Banjara Hills, Hyderabad. in ...PETITIONER/ACCUSED AND 1. Gunnam Suneetha Devi (died)., a 2. Gunnam Harshini Devi, D/o. Gunnam Ravi Kumar, C/o.Palacherla Ananthalakshmi Satyavani, aged 20 years, D.No.16-5-1, Mandapeta Town, East Godavari District. 3. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi. ...RESPONDENT/COMPLAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash all further proceedings in Crl.MP.No.49 of 2022 or any other petitions in M.C.No. 12 of 2015 on the file of the court of the Judicial First Class Magistrate, Alamuru holding that the cause in MC.No. 12/2015 no longer survives in terms of Section 125(1 )(c) of Cr.P.C. I.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitionthe High Cdurt rhay be pleased to stay all further proceedings in M.C.NO. 12 OF 2015 on the file of the Court of the Judicial First Class Magistrate, Alamuru, pending the Criminal Petition before this Hon'ble Court I.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to stay the arrest of the petitioner in connection with M.C.NO. 12 OF 2015 on the file of the Court of the Judicial First Class Magistrate, Alamuru This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Raja Reddy Koneti ,Advocate for the Petitioner and the Public Prosecutor (AP) behalf of the Respondent on The Court made the following: APHC010504902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7789/2023 Between: ...PETITIONER/ACCUSED Gunnam Ravi Kumar, AND ...RESPONDENT/COMPLAINANT(S) Gunnam Suneetha Devi Died and Others Counsel for the Petitioner/accused: 1.RAJA REDDY KONETI Counsel for the Respondent/complalnant(S): 1. PUBLIC PROSECUTOR (AP) 2. The Court made the following Order: The petitioner is seeking a direction to quash CrI.M.P. No. 49 of 2022 or any other petition in M.C. No. 12 of 2015 on the file of the Judicial First Class Magistrate, Alamuru. 2. The learned counsel for the petitioner submits that, as directed by this nd respondent, and the same was returned Court, notice was sent to the 2 unserved with an endorsement “unclaimed”. There is no representation for the 2 2"'* respondent today. It is submitted that the petitioner before the trial Court is the wife of the petitioner, and the 2""' petitioner before the trial Court is the daughter of the petitioner. During the pendency of the maintenance the petitioner's wife passed away, and the 2 case. nd petitioner continued the proceedings. It is also submitted that the 2'"'* petitioner attained the age of majority on 18.10.2021, and as such, the proceedings under Section 125 of Cr.P.C. could not have been continued. Be that as it may, the 2'""' petitioner has filed CrI.M.P. No. 49 of 2022 in M.C. No. 12 of 2015, claiming an amount of Rs. 4,34,302/- from the petitioner towards future educational expenditure. The learned Magistrate has issued a non-bailable warrant against the petitioner herein. It is submitted that the petitioner, aggrieved by the filing of such proceedings, has filed the present petition seeking the quashment of proceedings in CrI.M.P. No. 49 of 2022 and also to declare the proceedings in M.C. No. 12 of 2015 as null and void, as the petition would not survive on account of the 2'"'' petitioner attaining the age of majority. The NBW issued against the petitioner was executed, and only after the payment of 50% of the amount as sought by the 2'^'^ respondent, the warrant was recalled by the learned Magistrate. The petitioner deposited amount of Rs. 2,51,000/- towards part satisfaction, and the non-bailable warrant issued against the petitioner were cancelled on execution of a personal bond of Rs. 50,000/- with two sureties. 3. an 3 The learned counsel appearing for the petitioner placed reliance on the 4. judgment of the Hon’ble Supreme Court in the matter of Abhilasha \/s Parkash and others\ wherein the Hon’ble Supreme Court has held that; “The unmarried daughter who attained majority and not suffering from any physical or mental abnormality/injury is not entitled to claim maintenance under Section 125 of Cr.P.C, however the unmarried Hindu daughter unable to maintain herself even after attaining majority can claim maintenance from her father till she is married by filing application/suit under Section 20 of Act of 1956”. The present proceedings are initiated while the 2^^ respondent's mother was alive and the 2^^ respondent was a minor. It is submitted that the 5. petitioner is not in arrears of any maintenance that was initially imposed in M.C. No. 12 of 2015. It is also submitted that the petitioner is willing to comply with the arrears of maintenance if at all any amount is due. Recording the same and considering the law laid down by the Hon’ble Supreme Court, the proceedings in CrI.M.P. No. 49 of 2022 pending on the file of the Judicial First Class Magistrate, Alamuru, are hereby set aside, and M.C. No. 12 of 2015 shall also be closed on account of the 2"^ respondent having reached the age of majority. This Court makes it clear that the 2^^ respondent 6. is at liberty to take steps in accordance with Section 20 of the Act, 1956, by nd initiating proceedings against the petitioner. In the event that, the 2 respondent initiates further steps under Section 20 of the Act, 1956, the same shall be decided on its own merits. AIR 2020 SUPREME COURT 4355 SUPREME COURT 4 7. With these observations, this Criminal Petition is allowed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The District Judge Rajamahendravaram East Godavari District. The Judicial First Class Magistrate, Alamuru East Godavari District. One CC to Sri Raja Reddy Koneti, Advocate [OPUC] Two CC’s to The Public Prosecutor, High Court of Andhra Pradesh [OUT] Three CD Copies. 2. 3. 4. 5. / HIGH COURT DATED : 10/03/2025 ORDER CRLP.No.7789 of 2023 0^ % 5 08 APR 2025 | Current Section ALLOWING THE CRLP