Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 34075 (AP)

BALA NAGA DHARMA RAJA v. THE STATION HOUSE OFFICER

CRLP/7808/2022 · 2025-02-28

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010521352022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7808 OF 2022 Between: Bala Naga Dharma Raja and Others ...PETITIONER/ACCUSED(S) AND The Station House Officer and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. G L NAGESWAR RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioners/ Accused Nos.1 and 2, seeking quashment of the proceedings pending against them in Crime No. 215 of 2022 of Dharmajigudem Police Station, West Godavari District. 2. Heard Sri G.L.Nageswar Rao, learned counsel for the petitioners and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned Assistant Public Prosecutor for the State has filed an Affidavit of the victim girl along with attested copy of X Class Certificate to show that the victim girl was a major as on the date of the incident. Learned Assistant Public Prosecutor also placed on record the served copy of the notice on respondent No.2, who is mother of the victim girl. 4. The respondent No.2 called absent and none represented on her behalf. 5. Learned Assistant Public Prosecutor would submit that the case may be quashed against the petitioners, since as on the date of the incident, the victim girl has become a major and she has given an affidavit to that effect, where she voluntarily left from house along with the petitioner No.1 and married him also. They blessed with one child and now carrying seventh month. 6. In that view, considering the submissions made, as no case is made out against the petitioners, since the victim girl is a major and she voluntarily left from house along with petitioner No.1 and married him. The couple blessed with a child and she has also appeared before this Court and she filed affidavit to that effect. Attested copy of the SSC Certificate shows that she was a major as on the date of alleged incident. Initially a case has been registered for girl missing on the complaint made by her mother/ respondent No.2. Later the sections of law altered as 354-D, 366 read with 109 of IPC and Section 12 of Protection of Children from Sexual Offences Act-2012. The respondent No.2 has received notice, but she did not submit any objections on this Criminal Petition. 7. Considering the submissions made, the Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 28.02.2025 KK