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2025 DAILYLAW 43261 (AP)

CHEEKATIMARLA VENKATA SUBBARAO v. CHEEKATIMARLA SARITHA

CRLRC/452/2020 · 2025-03-18

T Mallikarjuna Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI l ' WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO I.ANos. 1 & 2of 2024 in CRIMINAL REVISION CASE NO: 452 OF 2020 ■i - ■ Revision filed under Sections 397 and 401 of Cr.P.C, against the judgment in Crl.A.No.358 of 2017 dated 09-10-2020 on the file of the Court of the III AddI Sessions Judge, Nellore, confirming the Judgment passed in DVC. No. 6/2014 on the file; of the Court of The Judicial Magistrate of I Class for trail of Excise offences, Nellore Between: Cheekatimarla Venkata Subbareit), S/o Anjaneyulu, Aged about 43 Flat No.101, Pavani Towers, Near Police Station, Miyapur, Hyderabad ...Respondent/Appellant/Petitioner years. , v?AND 1. Cheekatimarla Saritha, W/b^fC^V'enkata Subba Rao D.No.24-4-493, Saraswathi Nagar, Daragahriitta/Nellor-524003 2. Cheekatimarla Gowrishank^, S/p C.Venkata Subba Rao D.No.24-4- 493, Saraswathi Nagar, Daragamitta, Nellor-524003 Minor Rep by his Mother and guardian the 1st^ / i ./ / i .ifcitK?"’-': ■ ■■ % ?' 3-^ The State of Andhra Pradesh, Rep by its P.P High Court Amaravathi r '% M.f ■ ■4 ■ ...Aggrieved persons/Respondents/Respondents i lA NQ: 1 OF 2020 Petition under Section 1§;i-ePC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order passed in Crl.A.No.358 of 2017 dated 09-10-2020 on the file of the Court of the III AddI Sessions Judge, Nellore jDreferred against the order passed in DVC. No. 6/2014 on the file of the Court of the JudI Magistrate of I Class for trail of Excise offences, Nellore, pending disposal of the Criminal Revision before this Hon’ble Court. t } P:V lA NO: 1 OF 2024 Between: 1. Cheekatimarla Saritha, W/o. Cheekatimarla Venkata Subba Rao D.No.24-4-493, Saraswathi Nagar, Daragamitta, Nellor-524003 Cheekatimarla Gowrishankar,^S/o Cheekatimarla Venkata Subba Rao Aged about 16 years, (being minor rep by natural guardian Respondent No.1 herein, presently residing at H.No.24-2-493, Krishna Gas Agency Street, Opp: Kasthuri Devi School, Nellore, SPSR Nellore District 2. i :■ I ...Respondent/Appellant/Petitioner Cheekatimarla Venkata Suipbarao, S/o Anjaneyulu, Aged about 43 years. Flat No.101, Pavarfi ^^pwers. Near Police Station, Miyapur Hyderabad 1. ...Petitioner ( '1 2. The State of Andhra Pradesh, Rep by its P.P High Court Amaravathi ...Respondents ; Petition under Section 482 GT.P C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to record the compromis:e entered between the petitioner in Captioned CRLRC and the respondent in captioned CRLRC as per the terms of compromise filed before Hon'ble Lok Adalath SPSR Nellore and Award of Lok Adalath SPSR Nellore dated 29.07.2021 and record the compromise and dispose the Crl.R.C bearing no 452 of 2020 in accordance with law. lA NO: 2 OF 2024 Between: 1. Cheekatimarla SaritHa, W/o. Cheekatimarla Venkata Subba Rao D.No.24-4-493, Saraswathi Nagar, Daragamitta, Nellor-524003 2. Cheekatimarla Gowrishankar, S/0 Cheekatimarla Venkata Subba Rao Aged about 16 years, (being hiihor rep by natural guardian Respondent No.1 herein, presently residing at H.No.24-2-493, Krishna Gas Agency Street, Opp: Kasthuri Devi School, Nellore, SPSR Nellore District ...Respondent/Appellant/Petitioner AND 1. Cheekatimarla Venkata Subferao, S/o Anjaneyulu, Aged about 43 years. Flat No.101, Pavani Towers, Near Police Station, Miyapur, Hyderabad ...Petitioner 2. The State of Andhra Pradesh,’ Rep by its P.P High Court Amaravathi ci- ...Respondents Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant permission to the Petitioner No.1 herein to compromise the dispute in the above Crl.RC.No.452 of 2020, between the petitioner No.1 and the respondent No.1 herein as per the terms of compromise filed before Hon’ble Lok Adalath SPSR Nellore and Award of LokAdalath SPSR Nellore dated 29.07.2021. Counsel for the Petitioner: Sri. Jangam Venkata Siva Sai . I Counsel for the Respondent No.1,2 : Sri Anup Koushik Karavadi Counsel for the Respondent No.i?NPiiblic Prosecutor Jhe Court made the following . ^ • t i > i .'-t :■ i ■t •i ■ J j APHC010352212020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3369] WEDNESDAY,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T. MALLIKARJUNA RAO I.A.Nos.j and 2 of 2024 in CRIMINAL REVISION CASE NO: 452/2020 Between: Cheekatimarla Venkata Subbarao ...PETITIONER AND Cheekatimarla Saritha and Others ...RESPONDENT(S) Counsel for the Petitioner: 1 JANGAM VENKATA SIVA SAI Counsel for the Respondent(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following COMMON ORDER: I.A.No.1 of 2024 is filed by the petitioners, who are the respondents in the Revision, seeking to record the compromise entered between the petitioners and respondent in this Revision as per the terms of the compromise filed before Lok Adalat, SPSR Nellore and Award dated 29.07.2021 and dispose of the present Revision Case. 1. I.A.No.2 of 2024 is filed by the petitioners, who are the respondents in the Revision, seeking to grant permission to the petitioner No.1 herein to .compromise the dispute in this Revision between the petitioner No.1 and the 2. 2 respondent No.1 herein Lok Adalat SPSR Nellore as per the terms of the I and Award of Lok Adalat dated compromise filed before the 29.07.2021. 3. The respondents in the Revision, who are the petitioners in DVC No. 06 19, 20, 21, 22 and 23 of Protection Violence Act, 2005 before for Triai of Prohibition Of 2014, filed of Women from Domestic Magistrate of First Class (for short, ‘the trial Court’) a petition under Sections 18, the Special Judicial and Excise Offences, Nellore seeking the following reliefs: P^t'l'oners°tMards°he^mahtm^^ per month to each of shelter and emergency medical needs. food clothing (b) f^ocovery ofDowry amount presented “sXthe at the time of marriage Rs. 5 lakhs. to the (e) To direct the sovereigns and^^^^petitidnedf^'^V^^ Petitioner’s clothing and passS? ^0 possession of CheeLtImarla Ravi. gold jewellery of 65 sovereigns along with were in unlawful which 4. After considering the material trial Court, partly allowed the as well as the evidence petition by directing the 1 on record, the respondent to pay towards maintenance amount of Rs.3500/- also to pay an- per month to each petitioners an amount of Rs.2,00,000/ respondent was further directed each shall be paid to and - towards compensation, to pay monthly maintenance The 1®‘ of Rs.3500/- of every was directed the aggrieved succeeding month from the date of the to pay compensation persons on or before 10*'^ order. The 1®* respondent amount in six monthly equal instalments The rest of the reliefs person were dismissed vide Order dated Aggrieved by the Order, the 1 from September, 2017. commencing aggrieved claimed by the 31.08.2017 in DVC No.06 of 2014. respondent/husband preferred an appeal in ) Crl.A.No.358 of 2017 before the learned III Additional Sessions Judge, Nellore (for short, ‘the 1®* appellate Court’). The learned 1®* appellate Court after considering the material on record, dismissed the appeal vide Judgment dated 09.10.2020 in Crl.A.No.358 of 2017. Aggrieved by the impugned order ■petitioner/husband preferred the present Revision. I have heard both sides and perused the material on record. Today, when the matter is taken up for hearing, both parties in the Revision are present and they are identified by their learned counsel. The terms and conditions of compromise before the Lok Adalat, SPSR Nellore vide Lok Adalat Award dated 29.07.2021, are read over to the parties and they are admitted as true and correct. the 5. 6. 7. It is submitted that parties to the proceedings have compromised the matter before the Lok Adalat, SPSR Nellore vide Lok Adalat Award dated 29.07.2021 and settled all the disputes between the parties. It seems that all the disputes including the present dispute covered in the Revision. In pursuance of the compromise terms made before the Lok Adalat, SPSR Nellore, the Revision Petitioner has executed a Registered Gift Deed in favour of Gowri Shankar/R.2, who is the son of Respondent No.1. When ascertained from both the parties, they informed the Court that the amounts have been paid towards settlement and they have no objection to give up the allegations made against the Revision Petitioner and the parties further agreed that they shall not make any allegations against each other in the future and forever. 8. On being satisfied with the terms and conditions of compromise made before the Lok Adalat, SPSR Nellore vide Lok Adalat Award dated 29.07.2021 -and in view of the amicable settlement made by both parties in respect of present Criminal Revision Case is concerned, I.A.No.1 of 2024 and I.A.No.02 of 2024 are allowed consequently the Criminal Revision Case is disposed of 9. / 4 by setting aside the Judgment dated the file of learned III Additional Sessions 09.10.2020 in Crl.A.No.358 of 2017 - Judge, Nellore and on .. consequently dismissed the Order dated 31.08.2017 in DVC No.06 of 2014 on the file of Judicial Magistrate of I Class for Trial of Prohibition and Excise Offences Nellore. Consequently, miscellaneous applications pending > if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The III Additional Sessions Judge, Nellore, SPSR Nellore District 2. The Judicial Magistrate of I Glass for trail of Excise offences, Nellore SPSR Nellore District > 3. One CC to Sri. Jangam Venkata Siva Sai Advocate [OPUC] 4. One CC to Sri Anup Koushik Karavadi Advocate [OPUC] i 5. Two CCs to the Public Prdsecdfor, High Court of Andhra Pradesh at Amaravathi [OUT] 6. The Section Officer, VR Section, High Court of Andhra Pradesh at Amaravathi. 7. THREE CD Copies stu along with the joint memo filed in LA Noil of 2024 \ * HIGH COURT - DATED:19/03/2025 COMMON ORDER I.A Nos. 1& 2 of 2024 in CRLRC.No.452 of 2020 I t \ \ } '"'if ALLOWING THE LA No.1 of 2024 and I.A No.2 of 2024 DISPOSING OF THE CRIMINAL REVISION CASE