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2025 DAILYLAW 42034 (AP)

Gungi Ankamma Rao v. Gungi Arunmai

CRLP/12618/2025 · 2025-12-04

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010656762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12618/2025 Between: 1. GUNGI ANKAMMA RAO, S/O KOTESWARA RAO, AGED 41 YEARS,R/O NLC-QUARTER NO. 79B, TYPE-LL,BLOCK NO. 7, NEYVELI TOWN SHOP,CUDDALORE DISTRICT, TAMILNADU STATE ...PETITIONER/ACCUSED AND 1. GUNGI ARUNMAI, W/O G. ANKAMMA RAO,AGED ABOUT 33 YEARS, HOUSE WIFE,R/O DOOR NO. 82-12-10-50,PARVATHIPURAM, 2 LANE, SAMPATH NAGAR,GUNTUR CITY 2. GUNGI BHANULAKSHMI, D/O G. ANKAMMA RAO,AGED ABOUT 13 YEARS. STUDENT,R2/P2 BEING MINOR, REP.BY HER MOTHER I.E., 1 RESPONDENT/PIR/O DOOR NO. 82-12-10-50,PARVATHIPURAM, 2 LANE, SAMPATH NAGAR,GUNTUR CITY. 3. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR,HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to quash or set aside the order, dated 17-10-2025 passed in Crl.M.P.No.73 of 2025 in FCOP No.737 of 2023 on the file of Judge, Family Court, Guntur District, Guntur IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to suspend the operation of the order, dated 17-10-2025 passed in Crl.M.P.No.73 of 2025 in FCOP No.737 of 2023 on the file of Judge, Family Court, Guntur District, Guntur pending disposal of the main criminal petition and to pass Counsel for the Petitioner/accused: 1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12618/2025 ORDER : The instant petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed by the petitioner seeking quashment of the order passed against him in Crl.M.P.No.73 of 2025 dated 17-10-2025 in FCOP No.737 of 2023 on the file of Judge, Family Court, Guntur District, Guntur 2. Heard Sri Venkata Durga Rao Anantha, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor. 3. Learned counsel for the petitioner would submit that the petitioner is the husband of respondent No.1 and the father of respondent No.2. The respondents filed FCOP No.737 of 2023 seeking maintenance, and during the pendency of the said petition, filed Crl.M.P.No.73 of 2025 seeking interim maintenance, which was allowed by the Family Court on 17.10.2025 granting Rs.5,000/- per month each to the wife and minor daughter. He would further submit that respondent No.1 is having sufficient independent income by running a tailoring business. He would further submit that the respondent No.1 voluntarily deserted the petitioner without any reasonable cause and lodged false criminal complaints before the police. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. Considering the submissions made and upon a fair look at the material placed on record, this Court is of the view that the impugned order does not warrant interference, since it is a reasoned order. Admittedly, respondent Nos.1 and 2 are the wife and minor daughter of the petitioner. 6. Hence, this Court does not find any merit in the contention of the petitioner that he is unable to maintain himself and pay maintenance to his wife and minor daughter. The petition, therefore, lacks substance and deserves to be dismissed. 7. In the result, this Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _______________________________________ Dr.VENKATA JYOTHIRMAI PRATAPA, J Date: 05.12.2025 KKV 327 HON’BLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.12618 of 2025 Dt.05.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL PETITION NO: 12618/2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 05.12.2025 Dr.VJP,J The Criminal Petition is dismissed. (vide separate order) ________ Dr.VJP,J KKV