IN THE HIGH COURT OF ANDHRA PRADESH FRIDAX THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA JYOTHIRMAI CRIMINAL PETITION NO- Tigg :: AMARAVATI PRATAPA 2022 Between: 1- Koppala Suresh, S/o Subbiah, Street, Kovur Village and Mandal, 2. Koppala Sudhakar, S/o Subbaiah Street, Kovur Village and Mandal, 3. Koppala Radhika, W/o Sudhakar Street, Kovur Village and Mandal Aged about 33 SPSR Nellore District. Aged about 47 SPSR Nellore District. . Aged about 38 SPSR Nellore District. years, R/o Jangam years, R/o Jangam years, R/o Jangam ...PETITIONER/ACCUSED 1 TO 3 AND 1- The State of Andhra Pradesh, High Court of A.P.. Amaravathi. represented by The Public Prosecutor 2. Marlapati Ramadevi D/o Chinna Narasiab, Aged about 5th lane, Chirstianpeta, Kavali, SPSR Nellore COMPLAINANT) 44 years, R/o District.(DEFACTO -RESPONDENTS Petition under Section 482 of Cr.P.C., ^ circumstances stated in the Memorandum of Grounds in SC^ pleased to quash the proceedings against the in SC. No. 6 Of 2022 On the file of Court of V Additional Sessions Judge cum Special Judge for trail of offences praying that in the of Criminal Petition petitioners District and under SCs and STs (POA) Act 2015. Nellore SPSR Nellore District law and Court being in abuse of process of lA NO: 2 OF 2079 Petition under Section 482 of Cr.P.C. Circumstances stated in the Memorandum of the High Court may be pleased to praying that in the Grounds of Criminal Petition, stay all further proceedings in SC No. 6 o 2022 On the file of Court of V Additional Cum Special Judge for trail of offences 2015, Nellore, SPSR Nellore District, District and Sessions Judge under SCs and STs (POA) Act This Petition , _ coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri and the and none appeared SIVAPRASAD REDDY VENATI. Public Prosecutor Advocate for the Petitioners on behalf of the Respondent No.1 for the Respondent No.2. The Court made the followmg order: APHC010194522022 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3186/2022 Between: Koppala Suresh and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused{S): 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: 2 ORDER: The instant petition under Section 482 of the Code Procedure, 1973 has been filed, by the petitioners/accused of Criminal Nos.1 to 3, seeking quashment of the proceedings against them in S.C.No.6 of 2022 on the file of V Additional District Sessions Judge and Special Judge for trail of offences under SCs and STs(POA) Act, 2015, Nellore, SPSR Nellore District. 2. Heard Sri Siva Prasad Reddy Venati, learned counsel for the and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor. Notice is served on respondent No.2, but petitioners 3. none appeared for respondent No.2. 4. Learned counsel for the petitioners would submit that the petitioners herein are A.1 to A.3. A.1 is a bank employee. According to the contents of the complaint against the petitioners, respondent No. 2 is older than A.1 and is a divorcee. A.1 proposed to respondent No. 2 and assured her that he marry her, despite her expressing that she is a divorcee and older than him. He continued his relationship with respondent No. 2. Thereafter, A.1 would visit the house of respondent No. 2 to meet her, and they both had a physical relationship. When respondent No. 2 insisted would on marriage, A.1 refused to marry her, stating that she belonged to the SC community. A.2 is the brother of A.1, and A.3 is the wife of A.2. They allegedly demanded a dowry of ten lakhs and 30 sovereigns of gold to facilitate the marriage between A.1 and 3 mm respondent No. 2. Based on these allegations, a case has been registered against A.1 to A.3 for offences punishable under Sections 417, 420, r/w 34 of IPC, and Section 3(1)(w)(i), 3(2)(va) of the SCs and STs (POA) Act, 2015. Learned counsel would submit that the petitioners have nothing to do with the present case. Learned counsel would further submit that respondent No. 2 is not an SC woman, as she obtained a divorce from her husband by 5. filing D.O.P. No. 38 of 2016 in the Court of the District Judge, Ongole, where she described herself as a Christian, and her former husband, Kanumuri Mohan Babu (Kalebu), is also a Christian. The divorce petition was filed under Sections 10(1), VII, and X of the Divorce Act. Learned counsel would submit that, on the face of it, the provisions of the SC & ST (POA) Act are not applicable to the facts of the present case. Furthermore, learned counsel would argue that, even on the face of the allegations, the relationship between A.1 and respondent No. 2 was consensual, and as such, the offence of cheating does not apply to A.1. Learned counsel would also submit that A.2 and A.3 have no involvement in the alleged relationship between A.1 and respondent No. 2. A.2 is the driver of A.1, and A.3 is A.2’s wife. Learned counsel finally would submit that continuing the criminal proceedings is a mere abuse of the process of law. 6. Learned Assistant Public Prosecutor would submit that, in the case of offences lodged under the SC & ST (POA) Act, since respondent No. 2 herself filed D.O.P. No. 36 of 2016, declaring herself as a Christian, the provisions of 4 the SC & ST (POA) Act are not applicable. Learned Assistant Public Prosecutor would further submit that, according to the contents in the complaint, there are allegations against A.1 that attract the offences of cheating. Learned Assistant Public Prosecutor would submit that the petition is liable to be dismissed. Considering the submissions made and a fair review of the contents of 7. the complaint and material placed on record, as rightly pointed out by the learned counsel for the petitioner, and which has been clearly conceded by the learned Assistant Public Prosecutor, respondent No. 2 herself filed D.O.P. No. 36, describing herself as a Christian and filed the petition under the Divorce Act. She has filed the present case against the petitioner under the provisions of the SC & ST (POA) Act. Therefore, the petition is liable to be I considered for the offences punishable under the SC & ST (POA) Act. ^ Regarding the offences of cheating, as rightly put by the learned Assistant Public Prosecutor, there are allegations against the petitioner involving a consensual physical relationship with respondent No. 2, under the misconception of marriage. In this regard, there is verifiable material that requires investigation throughout the trial. Coming to the case of A.2 and A.3, the allegations that they demanded a dowry of ten lakhs and 30 sovereigns of gold for performing the marriage between A.1 and respondent No. 2 cannot be countenanced. These allegations appear to have been made as an arm twist. 5 In light of the above, this criminal petition is partly allowed to the 7. following extent; This criminal petition is allowed for A.2 and A.3, quashing the proceedings in S.C. No. 6 of 2022 on the file of the V Additional District Sessions Judge and Special Judge for the trial of offences under the SCs and STs (POA) Act, 2015, Nellore, SPSR Nellore District. Insofar as criminal proceedings against A.1 is concerned, the criminal petition is partly allowed, quashing the offence under the SC & ST (POA) Act. Regarding the remaining offences, the Special Judge may take appropriate steps to send the case to the appropriate court for conducting the trial. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SD/- N. NAGAMMA ASSISTANT registrar .4S’ 4' //TRUE COPY// SECTION OFFICER To 1. The V Additional District and Sessions Judge cum Special Judge for trail of offences under SCs and STs (POA) Act 2015. Nellore SPSR Nellore District 2. OneCCto SRI. SIVAPRASAD REDDY VENATI, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies PRK t 'i HIGH COURT DATED:24/01/2025 ORDER CRLP.No.3186 of 2022 c»V fE( 2nUL 2025 Co ntSectii ★ ★ LG ALLOWING THE CRIMINAL PETITION IN PART