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2025 DAILYLAW 44591 (AP)

CHALUVADI VENKATA KANYA KUMARI v. THE STATE OF ANDHRA PRADESH

CRLP/6888/2025 · 2025-07-06

Harinath N

body2025

Judgment text

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1 HN, J Crl.P.No.6888_2025 APHC010331812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6888/2025 Between: 1. CHALUVADI VENKATA KANYA KUMARI, W/O. VENKATA SATYANARAYANA AGED 70 YEARS, OCC. HOUSEWIFE, R/O. GOTLAGATTU VILLAGE, KONAKALAMITIA MANDAL, PRAKASAM DISTRICT. 2. CHALUVADI ANJALI,, W/O. CHALUVADI HARIGOPAL, AGED 44 YEARS, OCC. HOUSEWIFE, R/O. GOTLAGATTU VILLAGE, KONAKALAMITIA MANDAL, PRAKASAM DISTRICT. 3. GONA BARNBAS,, S/O. GONA BHASKAR RAO, AGED 48 YEARS, OCC. BUSINESS, R/O. GUDIPATIPALLI VILLAGE, VELIGANDIA MANDAL, PRAKASAM DISTRICT. 4. DEVANDIA NARAYANA,, S/O. PEDA ANJAIAH, AGED 50 YEARS, OCC. BUSINESS, R/O. GUDIPATIPALLI VILLAGE, VELIGANDIA MANDAL, PRAKASAM DISTRICT. 5. ANNAPUREDDY HEMALATHA REDDY,, W/O. THIRUPATHI REDDY, AGED 58 YEARS, OCC. HOUSEWIFE, R/O. D.NO. B-115, NEERUS EAST, SECTOR-17, NEAR AYYAPPA TEMPLE, NANDANAVANAN CHS LINE, DHANE DISTRICT, MAHARASTRA. 6. JUTIKE DILWAN,, S/O. JUTIKE RAMAIAH, AGED 32 YEARS, OCC. BUSINESS, R/O. GUDIPATIPALLI VILLAGE, VELIGANDIA MANDAL, PRAKASAM DISTRICT. 7. MUKKU VENKATESWARLU,, S/O. NARAYANA REDDY, AGED 45 YEARS, OCC. BUSINESS, R/O. GUDIPATIPALLI VILLAGE, 2 HN, J Crl.P.No.6888_2025 VELIGANDIA MANDAL, PRAKASAM DISTRICT. 8. GUNTAKA NARASIMHA REDDY,, S/O. NARAYANA REDDY, AGED 43 YEARS, OCC. BUSINESS, R/O. GUDIPATIPALLI VILLAGE, VELIGANDIA MANDAL, PRAKASAM DISTRICT. 9. MUKKU VENKATA SRIRAMULU REDDY,, S/O. VENKATARAMI REDDY, AGED 62 YEARS, OCC. BUSINESS, R/O. IMMADI CHERUVU VILLAGE, VELIGANDIA MANDAL, PRAKASAM DISTRICT. 10. SANIKOMMU BRAMHAREDDY,, S/O. YERRAIAH, AGED 53 YEARS, OCC. BUSINESS, R/O. DODDICHINTALA VILLAGE, H.M. PADU MANDAL, PRAKASAM DISTRICT. 11. ERLA PEDA TIRUPATHAIAH,, S/O. ERLA CHINA ROSAIAH, AGED 52 YEARS, OCC. BUSINESS, R/O. C.S. PURAM VILLAGE AND MANDAL, PRAKASAM DISTRICT. 12. BALABADRA RAVI,, S/O. BALABADRA YAKOBU, AGED 37 YEARS, OCC. BUSINESS, R/O. C.S. PURAM VILLAGE AND MANDAL, PRAKASAM DISTRICT. 13. JANDRAPALLI POUL RAJ,, S/O. THIRUPAL, AGED 46 YEARS, OCC. BUSINESS, R/O. VEDULLA CHERUVU VILLAGE, VELIGANDIA MANDAL, PRAKASAM DISTRICT. 14. BATHULA EDUKONDALU,, S/O. PEDA MALAKONDAIAH, AGED 43 YEARS, OCC. BUSINESS, R/O. PATHAKUCHIPUDIPALLI VILLAGE, KANIGIRI MANDAL, PRAKASAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT, AMARAVATI. 2. POLAMREDDY MALAKONDA REDDY, S/O. KONDAREDDY, AGED 64, OCC. BUSINESS, R/O. PAMURU ROAD, KANIGIRI TOWN, PRAKASAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): 3 HN, J Crl.P.No.6888_2025 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 Courtpleased to Quash the proceedings against the Petitioners in F.I.R. No. 145 of 2025 on the file of the Kanigiri Police Station, Prakasam District and to pass 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 pleased to dispense with the filing of certified copy of F.I.R. No. 145 of 2025 of Kanigiri Police Station, Prakasam District for filing of the above Criminal Petition and pass IA NO: 2 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 pleased to grant stay of all further proceedings including arrest of the Petitioners in F.I.R. No. 145 of 2025 on the file of the Kanigiri Police Station, Prakasam District pending disposal of the main CrI. Petition and pass Counsel for the Petitioner/accused(S): 1. MEDIKONDA KONDALA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 4 HN, J Crl.P.No.6888_2025 The Court made the following Order: 1. The petitioner has approached this Court challenging the registration of Crime No.145 of 2025, on 04.06.2025, for the alleged offence under Sections 61(2), 318(4), 338, 336(3), 340(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (For short, “BNS”). 2. Heard the learned counsel appearing for the petitioners and the learned Assistant Public Prosecutor appearing on behalf of the respondent-State. 3. The learned Assistant Public Prosecutor submits that the dispute giving rise to the registration of the above crime is essentially of a civil nature. It is further submitted that the issues involved in the present writ petition as well as in the FIR pertain to a purely civil dispute between the petitioners and the 2nd respondent, for which appropriate remedies are available under civil law. 4. Considering the submission made by the learned Assistant Public Prosecutor, and having regard to the nature of the dispute, which appears to be predominantly civil in character, this Court is of the opinion that no grounds are made out for interference in the present proceedings. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 07.07.2025 NKA/SR 5 HN, J Crl.P.No.6888_2025 216 HONOURABLE SRI JUSTICE HARINATH.N Criminal Petition No.6888 of 2025 Date: 07.07.2025 NKA/SR