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High Court of Andhra Pradesh · body

2025 DAILYLAW 43169 (AP)

DASAM RAMA KRISHNA v. THE STATE OF ANDHRA PRADESH

CRLP/3501/2022 · 2025-02-03

Venkata Jyothirmai Pratapa

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3501 OF 2022 Between: 1. Dasam Rama Krishna, S/o Sri Rama Rao, Hindu. Age. 67 Years, Occ. Retired Employee, R/o Flat No. 104, Snika Apartments, Rajappa Nagar, High Court Colony, Vanasthalipuram, Hyderabad - 500 070 2. Dasam Veera Lakshmi, W/o Sri Ramakrishna, Hindu, Age. 65 Years, Occ. House Wife, R/o Flat No. 104, Snika Apartments, Rajappa Nagar, High Court Colony, Vanasthalipuram, Hyderabad - 500 070 3. Gudivaka Satya Sri, (wrongly shown as Gudivada Satya Sri in FIR) W/o Sri Harun Kumar, Hindu, Age. 40 Years, Occ. Service, R/o F-2, Aditya Avenue, Nizampet Road, Ryder Nagar. Kukatpally, Hyderabad - 500 085 ...Petitioner/A-2 to A-4 AND 1. The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of A.P. at Amaravathi through its SHO, Pithapuram PS, Kakinada District. 2. Anukula Nageswara Rao, S/o Surya Rao, Agraharam, Pithapuram - 533 450, Kakinada District R/o Door No. 2-1-30 ...Respondents/De-facto Complainant % Petition under Section 482 of Cr.P.C. , praying that in the S^cumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to call for the of 2022 of Pithapuram PS, Kakinada the petitioner/A-2 to A-4. Petition records relating to FIR.No.28 District and quash the same against LA. NO: 1 OF Petition under Section circumstances stated i 482 of Cr.P.C praying that in the in the Memorandum of Grounds of Criminal Petition, proceedings in pending disposal the High Court may be pleased to grant stay of all further , Kakinada District FIR.No.28 of 2022 of Pithapuram PS of the present Criminal Petition. LA. NO: 2 OF 2079 Between: Anukula Nageswara Rao, S/o Surya Rao, R/o Door Agraharam, Pithapuram - 533 450 No. 2-1-30 Kakinada District ...Petitioner/Respondent No.2 AND 1. Dasam Rama Krishna, S/o Sri Rama Rao, Hindu, Age. 67 Years, Occ. Retired Empioyee, R/o Flat No. 104, Snika Apartments, Rajappa Nagar High Court Colony, Vanasthalipuram, Hyderabad - 500 070 2. Dasam Veera Lakshmi, Occ. House Wife, R/o Fiat No. 104, Snika Apartments, Rajappa Nagar High Court Colony, Vanasthalipuram, Hyderabad W/o Sri Ramakrishna, Hindu, Age. 65 Years - 500 070 as Gudivada Satya Sri in FIR) W/o Sri Harun Kumar, Hindu, Age. 40 Years, Occ. Service, R/o F-2 3. Gudivaka Satya Sri, (wrongly shown Aditya i * Avenue, Nizampet Road, Ryder Nagar, Kukatpally Hyderabad - 500 085 .. ■ .Petitioners/Respondents/ Accused Nos.2 to 4 4. The State of Andhra Pradesh, rep, by its Public Prosecutor, High Court of A.P. at Amaravathi through its SHO, Pithapuram District. PS, Kakinada ...Respondent No.1 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal the High Court may be pleased to Petition, vacate the interim orders dated 05.05.2022 in I.A.No.1 of 2022 in CRLP No. 3501 of 2022. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Venkateswara Rao Pitchuka, Advocate for the Petitioner and the Public and of Sri Kalepu Prosecutor on behalf of the Respondent No.1 Yashwanth, Advocate for the Respondent No.2 The Court made the following ORDER: APHC010230042022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No.3501 of 2022 Between: Dasam Rama Krishna and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S): l.VENKATESWARA RAO PITCHUKA Counsel for the Respondent/complainant(S): l.KALEPU YASHWANTH 2. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant Petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the Petitioners/A.2 to A.4, seeking quashment of the Proceedings against them in Crime No.28 of 2022 on the file of Pithapuram Police Station, Kakinada District, registered for the offences punishable under Sections 498- A, 420 and 506 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. Sri Pitchuka Venkateswara Rao, learned counsel for the Petitioners/A.2 to A.4, Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor appearing for respondent No. 1/State and Sri Kalepu Yashwanth, learned counsel for the respondent Ho.ljde /acfo Complainant are in attendance. 3. Learned counsel for the Petitioners/A.2 to A.4 and learned counsel for respondent No.2 filed a joint Memo. The facts of the Joint Memo reveal that daughter of respondent No.2 and A.l are wife and husband respectively and they have obtained divorce from the Germany Court and living separately in Germany and 2 that A.l paid an amount of Rs.40,00,000/- by way of demand draft 27.01.2025 which was received by respondent No.2 today in the Court. dated 4. Respondent No.2 appeared before this Court and represented that today, he received back the amount of Rs.40,00,000/-, which was given to his daughter and A.l(Son-in-law) during their marriage. There are no claims against each other, compromise with the Petitioners as per the terms and conditions mentioned in the joint memo and that himseif and her daughter have no objection to quash the Proceedings Pithapuram Police Station against all the accused. Respondent No.2 submits that he intends to enter in Crime No.28 of 2022 of 5. Learned counsel appearing for the parties would submit that the record compromise in the above crime in terms of the joint memo. 6. Learned Assistant Public Prosecutor is objection to record the compromise. 7. Considering the submissions, in the interests of justice, the Criminal Petition is allowed and the Proceedings against the Petitioners/A. No. 28 of 2022 of Pithapuram Police Station, Kakinada As a sequel thereto, miscellaneous petitions pending. Court may in attendance and reported no 2 to A.4 in Crime District are hereby quashed. if any, shall stand closed. Aoo.o Sd/-N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Judicial First Class Magistrate 2. The Station House Officer, Pithapuram Police Station, Kakinada . Two CCS to Public Prosecutor, High Court of A.P., atAmaravati (OUT) • One CC to Sn Venkateswara Rao Pitchuka, Advocate [OPUC] 5. One CC to Sri Kalepu Yashwanth, Advocate [OPUC] 6. Three CD Copies Pithapuram, E.G. District District. Skm sree 'S** HIGH COURT ^ATED:04/02/2025 « #.• ORDER CRLP.No.3501 of 2022 I 1 8 20?5 I ^ . Curruiu o<!CUon •V' ALLOWING THE CRIMINAL PETITION