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2025 DAILYLAW 36741 (AP)

ANDUGULA VAMSI KRISHNA v. THE STATE OF ANDHRA PRADESH

CRLP/45/2025 · 2025-04-21

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION’S NOs: 45.71 and 73 OF 2025 CRIMINAL PETITION NO: 45 OF 2025 Between; Andugula Vamsi Krishna, S/o. A. Prasad, Aged 29 years, Occ Agriculture, R/o. Door No.2-76/1, Main Road, Jalapavarigudem, K. Kota Mandal, Eluru District. ...PETITIONER / ACCUSED N0.4 AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravathi, Guntur District, through the SHO, Dwaraka Tirumala Police Station, Elum District ...RESPONDENT 2. Smt. Goturi Naga Naveena, D/o. Durga Rao, Aged 29 years, Oc Mid level Health Provider, R/o. H.No.5-51, Pangidigudem, Dwaraka Tirumala Mandal, Eluru District. ...RESPONDENT / COMPLAINANT praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petition under Section 528 of B.N.S.S Act, '1 petitioner/A.4 in C.C.No.401 of 2024 on the file of Judicial First Class Magistrate, Bheemadolu, Eluru District, 64 lIqe ':f NO: 2025 I m under Section 482 of Cr.P.C praying that i ^ : ■f- circurnst^fiiGfes stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings. in the V-.' including appearance of the petitioner/A.4, in C.C.No.401 of 024 on the file of Judicial First Class Magistrate, Bheemadolu, Eluru District. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D Lalitha Prasad ,Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No. and of Sri_Advocate for the Respondent No. on CRIMINAL PETITiON NO: 71 OF 2025 Between: 1. Andugulamaddi Krishna Kumari, w/o. A. Prasad. Aged 47 years, R/o. Door No.2-76/1, Main Road, Jalapavarigudem, K. Kota Mandal, Eluru District. 2. Andugulamaddi Prasad, s/o. A. Raja Rao, Aged 55 years, R/o. Door No.2-76/1, Main Road, Jalapavarigudem. K. Kota Mandal, Eluru District. ...PETITIONER /A2 AND A3 ■ AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravathi, Guntur District, through the SHO, Dwaraka Tirumala Police Station, Eluru District. ...RESPONDENT 2. Smt. Goturi Naga Naveena, D/o. Durga Rao, Aged 29 years, Occ. Mid level Health Provider, R/o. H.No.5-51, Pangidigudem, Dwaraka Tirumala Mandal, Eluru District. ...RESPONDENT / COMPLAINANT Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings against the Petitioners/A2 and A3 in C.C.No.401 of 2024 on the file of Judicial First Class Magistrate, Bheemadolu, Eluru District, and pass I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS and 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 all further proceedings, including appearance of the Petitioners/A2 and A3, in C.C.No.401 of 2024 on the file of Judicial First Class Magistrate, Bheemadolu, Eluru District, This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Indupalli Jessy Sowmya ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. CRIMINAL PETITION NO: 73 OF 2025 Between: Dr Andugulamaddi Anjaneyulu, s/o. A. Prasad, Aged 31 years, Occ Doctor, Borrampalem Primary Health Centre, R/o. Door No.2-76/1, Main Road, Jalapavarigudem, K. Kota Mandal, Eluru District. ...PETITIONER/ACCUSED N0.1 ' } AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of Andhra Pradesh, Nelapadu, Amaravathi, Guntur District, through the SHO, Dwaraka Tirumala Police Station, Eluru District. ...RESPONDENT 2. Smt. Goturi Naga Naveena, D/o. Durga Rao, Aged 29 years, Occ Mid level Health Provider, R/o. H.No.5-51, Pangidigudem, Dwaraka Tirumala Mandal, Eluru District. ...RESPONDENT / COMPLAINANT Petition under Section 528 of B.N.S.S and 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 the proceedings against the petitioner/A.1 in C.C.No.401 of 2024 on the file of Judicial First Class Magistrate, Bheemadolu, Eluru District. I.A. NO: 2 OF 2025 Petition under Section 528 of B.N.S.S and 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 all further proceedings, including appearance of the petitioner/A. 1, in C.C.No.401 of 024 on the file of Judicial First Class Magistrate, Bheemadolu, Eluru District. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D S N V Prasad Babu ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent. The Court made the following COMMON ORDER : 1 HN, J Crl.P.Nos.45, 71 and 73 _2025 APHC010602542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 45/2025 Between: ...PETITIONER/ACCUSED Andugula Vamsi Krishna AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.D LALITHA PRASAD Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.Nos.45, 71 and 73 _2025 APHC010602522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 71/2025 Between: Andugulamaddi Krishna Kumari and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.INDUPALLI JESSY SOWMYA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 HN, J Crl.P.Nos.45, 71 and 73 _2025 APHC010602572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY .THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 73/2025 Between: ...PETITIONER/ACCUSED Dr Andugulamaddi Anjaneyulu AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.DSN VPRASAD BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 4 HN, J Crl.P.Nos.45, 71 and 73 _2025 The Court made the following Common Order: The Criminal Petition No.45 of 2025 is filed by the brother of Accused No.1, Crime No.71 of 2025 is filed by the parents of Accused No.1, and Criminal Petition No.73 of 2025 is filed by the Accused No.1. All these three criminal petitions are filed by Accused Nos.1 to 4 seeking quashment of C.C.No.401 of 2024 on the file of Judicial I Class Magistrate, Bheemadolu, Eluru District, for the alleged offences under Section 498-A of the IPC. 1. The learned counsel appearing for the petitioners submits that the 2"'^ respondent and the 1®* accused have obtained a divorce by mutual consent by filing H.M.O.P.No.222 of 2023 before the Principal Civil Judge (Senior Division), Eluru, West Godavari District. The learned judge, vide order dated 06.03.2024, granted a decree of divorce by dissolving the marriage between the accused and the 2"^^ respondent. The learned Judge has also recorded that the accused had paid an amount of Rs. 18,00,000/- to the 2""' respondent towards permanent alimony, respondent executed a receipt acknowledging the payment and agreed to withdraw the case under Section 498-A of the IPC filed against the petitioners. 2. The learned counsel further submits that the 2"'^ This Court, while admitting the quash petition on 06.01.2025, granted a stay of all further proceedings in C.C.No.401 of 2024. Notice was ordered to be sent to the 2’^'* respondent. Notice was duly served, and proof of service has been filed. However, there is no representation on behalf of the 2""^ respondent. The learned counsel for the petitioners submits that the 2"'* respondent is not 3. 5 HN, J Crl.P.Nos.45, 71and73_2025 inclined to pursue the matter, as the issue stands resolved between the petitioners and the 2'^^ respondent. Considering the submissions of the learned counsel for the petitioners and after perusing the record, including the receipt executed by the 2 respondent, it is noted that the amount received by her was also acknowledged by the Principal Civil Judge (Senior Division), Eluru, West Godavari District, while granting the divorce. 4. nd nd In view of the amicable settlement between the 1® accused end the 2 respondent, continuation of proceedings against the petitioners is gross abuse of the due process of law. 5. On these grounds, this court is inclined to quash C.C.No.401 of 2024 on the file of Judicial I Class Magistrate, Bheemadolu, Eluru District, against the 6. petitioners. Accordingly, these Criminal Petitions are allowed. 7. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- K.TATARAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Judicial First Class Magistrate, Bheemadolu, Eluru District. 2. The Station House Officer, Dwaraka Tirumala Police Station, Elum District 3. One CC to Sri. D. Lalitha Prasad, Advocate [OPUC] 4. One CC to Sri. D.S.N.V. Prasad Babu, Advocate [OPUC] 5. One CC to M/s. Indupalli Jessi Sowmya, Advocate [OPUC] 6. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 7. THREE CD COPIES PR TAC HIGH COURT DATED:21/04/2025 ORDER CRLP’S.Nos.45,71 & 73 of 2025 g 2 8 APR 7m . Current Section ^s ALLOWING THE CRLP’S