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2025 DAILYLAW 37671 (AP)

ARATI ARJAL @ ASHIRIYA v. THE STATE OF ANDHRA PRADESH

CRLP/9592/2022 · 2025-02-20

Venkata Jyothirmai Pratapa

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Judgment text

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1 APHC010655022022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9592/2022 Between: Arati Arjal @ Ashiriya ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused: 1. CHETLURU SREENIVAS Counsel for the Respondent/complainant(S): 1. L J VEERA REDDY 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9592/2022 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioner/ Accused No.2, seeking quashment of the proceedings pending against her in C.C.No. 262 of 2020 on the file of Judicial First Class Magistrate, Jammalamadugu. 2. Heard Sri Ch. Srinivas, learned Counsel for the petitioner, Sri L.J. Veera Reddy, learned Counsel for the respondent No.2 and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned Counsel for the Petitioner would submit that the petitioner herein is the Accused No.2. Even on the face of the contents of the report submitted to the Police as well as the charge sheet, would show that she is the girlfriend of Accused No.1 who is not a relative to the husband. Learned Counsel would further submit that no specific allegations are made against her to attract the offence either under Section 498-A or Sections 3 & 4 of Dowry Prohibition Act. Learned Counsel would further submit that continuing criminal proceedings against the petitioner is a mere abuse of process of law. 4. Learned Counsel for the respondent No.2 would submit that the Court may pass appropriate Orders. 5. Learned Assistant Public Prosecutor also would submit that the Court may pass appropriate Orders. 3 6. Considering the submissions made and a fair look at the material placed on record, there is no dispute about the fact that the petitioner herein is Accused No.2 who alleged to be the Girlfriend of Accused No.1 who is the husband of the respondent No.2. In that view, continuing criminal proceedings against the Accused No.2 for the offence under Sections 498-A and Sections 3 & 4 of Dowry Prohibition Act is sheer abuse of process of law. 7. In the result, the Criminal Petition is allowed. However, the respondent No.2 can work out her remedies if she is aggrieved by the alleged case of the Accused No.2. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.02.2025 UPS 4 122 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.9592 of 2022 Dt.20.02.2025 UPS