APHC010603492022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8808/2022 Between: 1. CHAPALA RAJENDRA PRASAD, S/O.SURYA RAO, AGED ABOUT 36 YEARS, R/O.D.NO.5-24-2, MASALLAMMA TEMPLE STREET, KOTHAPETA, KORUMAMIDI VILLAGE, NIDADAVOLE MANDAL, WEST GODAVARI DISTRICT. 2. SMT.CHAPALA CHANDRAMMA,, W/O.SURYA RAO, AGED ABOUT 55 YEARS, R/O.D.NO.5-24-2, MASALLAMMA TEMPLE STREET, KOTHAPETA, KORUMAMIDI VILLAGE, NIDADAVOLE MANDAL, WEST GODAVARI DISTRICT. 3. CHAPALA SURYA RAO, , SIO.SAMUEL, AGED ABOUT 59 YEARS, R/O.D.NO.5-24-2, MASALLAMMA TEMPLE STREET, KOTHAPETA, KORUMAMIDI VILLAGE, NIDADAVOLE MANDAL, WEST GODAVARI DISTRICT. 4. CHAPALA SURESH, , S/O.SURYA RAO, AGED ABOUT 37 YEARS, R/O.D.NO.5-24-2, MASALLAMMA TEMPLE STREET, KOTHAPETA, KORUMAMIDI VILLAGE, NIDADAVOLE MANDAL, WEST GODAVARI DISTRICT. 5. SMT.CHAPALA MADHAVI,, W/O.RAVI KUMAR @ RAVI, AGED ABOUT 30 YEARS, OCC HOUSEWIFE, RIO.D.NO.5-24-2, MASALLAMMA TEMPLE STREET, KOTHAPETA, KORUMAMIDI VILLAGE, NIDADAVOLE MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. PRATHIPATI PRASANGI, D/O LATE EBENEZER AGED 38 , D.NO.6- 91, KOTHAPETA, KORUMAMIDI VILLAGE, NIDADAVOLE MANDAL, WEST GODAVARI 2. THE STATE OF ANDHR APRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, NELAPADU, AMARAVATHI, GUNTUR DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. I V N RAJU Counsel for the Respondent/complainant(S): 1. KADIYAM NEELAKANTESWARA RAO 2 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, by the Petitioners/Accused Nos.1 to 4 and 6, to quash the charge sheet against them in on the file of the Court of Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Nidadavole, for the offences punishable under Sections 376(2)(n), 417, 420, 354C and 506 IPC against Accused No.1 and Sections 506 and 509 read with IPC against Accused Nos.2 to 4 and 6. 2. Heard Sri I.V.N.Raju, learned counsel for the Petitioners, Sri K.Neelakanteswara Rao, learned counsel for Respondent No.1 and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for Respondent No.2/State. 3. Learned counsel for the Petitioners would submit that the Petitioners have nothing to do with the alleged offences and a false case has been lodged against them. Learned counsel would further submit that, even as per the allegations made in the complaint, the alleged relation between Accused No.1 and Respondent No.1 is more than a decade and it is a consensual relationship and no offence is made out against Accused No.1. Learned counsel would further submit that, no case is made against Petitioners/Accused Nos.2 to 4 and 6 also and except the omnibus allegations, nothing is attributed in specific against them. To buttress his contentions, learned counsel has placed reliance on the judgments of the 3 Hon’ble Apex Court in Maheshwar Tigga vs. State of Jharkhand1, and Pramod Suryabhan Pawar vs. State of Maharashtra and another2. 4. Per contra, learned counsel for Respondent No.1 and the learned Assistant Public Prosecutor vehemently opposed the petition and would submit that there are specific allegations against the Petitioners. Learned Assistant Public Prosecutor would further submit that, now the case is committed to the Court of Sessions and trial is in progress. It is submitted that it is not a fit case for quashment at this stage and prayed for dismissal of the petition. 5. Considering the submissions and a fair look at the contents of the complaint, a case has been lodged against Accused No.1 for the offences under Sections 376(2)(n), 417, 420, 354C and 506 IPC and for rest of the Petitioners for the offences under Sections 506 and 509 read with 34 IPC. 6. A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary; (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A court while sitting in Section 482 jurisdiction is not functioning as a court of appeal or a court of revision. It must exercise its powers to do real and substantial justice, depending on the facts and circumstances of the case. These powers must be invoked for compelling 1 (2020) 10 SCC 108 2 (2019) 9 SCC 608 4 reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence. 7. The judgments relied on by the learned counsel for the Petitioners are distinguishable on the facts of the present case. In the present case, it is the specific contention of Respondent No.1 that Accused No.1 lured her and made her to submit herself and on the assurance of marriage continued the same for quite some time. The complaint would further disclose that Accused No.1 left for Muscat for some period and the father of Respondent No.1 also gave an amount of Rs.1,50,000/- to Accused No.1 in that regard. The fact remains, Accused No.1 and Respondent No.1 remained unmarried as on the date of filing of the present complaint. Therefore, the contentions raised in the present petition that the consent of Respondent No.1 was under misconception of fact in the light of the alleged false promise of marriage by Accused No.1 or not, is a matter of trial. This Court while exercising the jurisdiction under Section 482 Crl.P.C cannot decide the same at this stage. In that view, the petition is devoid of merits. As rightly put by learned Assistant Public Prosecutor, since the trial is in progress, it is not desirable to quash the proceedings against the Petitioner, at this stage. 8. In the result, the Criminal Petition is dismissed. Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:29.01.2025 Dinesh 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.8808 of 2022 Dt.29.01.2025 Dinesh