Extracted from the PDF above. The PDF is authoritative.
APHC010636172022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9309 OF 2022 Between: Putta Hema Rani and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S):
1. PILLIX LAW FIRM Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
2. CHALASANI AJAY KUMAR 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/ A-2 to 4, seeking quashment of the proceedings pending against them in C.C.No. 3351 of 2022 on the file of the Court of IV Additional Chief Metropolitan Magistrate, Vijayawada.
3.
Learned counsel for the petitioners would submit that Accused No.4 is an outsider of the family and he is not relative of Accused No.1 and continuing Criminal Proceedings against Accused No.4 in the present case along with husband and his family members is not sustainable under law. Learned counsel would further submit that the presence of Accused Nos., 2 and 3 may be dispensed, without causing any prejudice to their rights and contentions before the Trial Court.
4. Learned Assistant Public Prosecutor for the respondent No.1 and
learned Counsel for the Respondent No.2 would submit that the Court may pass appropriate orders.
5. Coming to the case of the Accused No.4, the information submitted to the Police by respondent No.2 itself is clear that he is a friend of Accused No.2. It is stated that Accused No.2 is mother of A-1. Such being the case, A- 4 being an outsider to the family is not relative of the husband of the Respondent No.2. In that view, continuing criminal proceedings against Accused No.4, who is not a relative, under Section 498-A of IPC is not permissible under law. On this count, the criminal proceedings against Accused No.4are liable to be quashed. Whereas, on perusal of the material on record, it is not a fit case for quashment of the case against the A-2 and A-3 as there are specific allegations made against them.
6. In result, the Criminal Petition is disposed of, by quashing the proceedings as against Accused No.4. Whereas, the Criminal Proceedings
against Accused Nos., 2 and 3 shall continue, without any prejudice to their defences and contentions. Their presence before the Trial Court is dispensed with, unless it is specifically directed by the Trial Court.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
__________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.02.2025
KK