BATHULA RAJEEV REDDY v. THE STATE OF ANDHRA PRADESH
CRLP/4253/2025 · 2025-04-22
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 44768 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44768 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENi-Y FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A Nos.2and 3of2025 in/and CRIMINAL PETITION NO: 4253 OF 2025 Between:
1. Bathula Rajeev Reddy, S/o Venkatareddy, Aged about 32 years, R/oD.No.32-36-13, Machavaram, Vijayawada, Now residing in Flat No.406, KMR Sunrise Apartment, Near Swapna Function Hall, Nunna, Vijayawada, N.T.R. District. 2. Bathula Venkata Reddy, S/o Late Subba Reddy, Aged about 58 years, R/oD.No.32-36-13, Machavaram, Vijayawada, Now residing in Flat No.406, KMR Sunrise Apartment, Near Swapna Function Hall, Nunna, Vijayawada, N.T.R. District. 3. Bathula Naga Malleswari, W/o Venkatareddy, Aged about 48 years, R/oD.No.32-36-13, Machavaram, Vijayawada, Now residing in Flat No.406, KMR Sunrise Apartment, Near Swapna Function Hall, Nunna, Vijayawada, N.T.R. District. ...Petitioner/Accused 1 to 3 AND
1. The State of Andhra Pradesh, Rep. by its SHO, Disha P.S., Vijayawada City, Through Public Prosecutor, High Court of Andhra Pradesh, Amaravati. ...Respondent/Complainant
2. Unnikankanam Ramani Priya, W/o Bathula Rajeev Reddy, Aged about 26 years, R/o D.N0.31-12-19A, Duggirala Balaramakrishnaiah Street, Machavaram Down, Vijayawada, N.T.R. District. ...Respondent/Defacto-Complainant
Petition under Section 528 of BNSS (482 of Cr.P.C) praying that in the- circumstarices stated in the Memorandum of Grounds of Criminal the High Court may be pleased to call for the records in the ^m{)ughed C.C.No.3109/2024 on the file of Hon’ble II Additional Chief MdtropoJitan Magistrate, Vijayawada, N.T.R. District and quash the same in so far as the Petitioners/Accused 1 to 3. I.A. NO: 2 OF 2025 Petition under Section 359(6) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioners to settle the dispute I.A. NO: 3 OF 2025 Petition under Section 359 (2) of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compromise by recording the terms of compromise. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri A Syam Sundar Reddy, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No. and of Sri N V Mohan Rao, Advocate for the Respondent No.2/Defacto Complainant The Court made the following: .
APHC010201362025 IN THE HIGH COURT OF ANDHRA PRADESH atamaravati (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4253/2025 Between: Bathula Rajeev Reddy and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused(S):
1.ASYAM SUNDAR REDDY Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2. N V MOHANA RAO The Court made the following:
2 CRL.P. No.4253 OF 2025 THE HON’BLE SRI JUSTICE HARINATH.N I.A. Nos.2 anH 3 OF 2025 IN/AND CRIMINAL PETITinN No.4253 of 2025 COMMON ORDER:
1. The learned counsel for the petitioners and the learned counsel for the 2"^^ respondent/de facto complainant submit that the parties have amicably settled their dispute and have filed I.A. Nos.2 and 3 of 2025, accompanying the affidavit of the 2"'^ respondent/ de facto complainant and the joint memo, seeking the permission of this I Hon'bid Court to allow the petitioners and the de facto complainant to compound the offence under Sections 498-A, 506 of the Indian Penal Code 1860 and Sections 3 and 4 of the Dowry Prohibition Act 1961 registered against the petitioners in C.C. No.3109 of 2024 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada, N.T.R. District. 2. The petitioners and the 2"^^ respondent/de facto complainant are present in the Court. The parties were identified by the respective counsel and identity cards of both the parties were verified. 3. The 2"*^ respondent submits that, pursuant to the intervention of well- wishers, she has withdrawn the allegations made against the petitioners. She further confirmed that the compromise was reached voluntarily, without coercion or undue influence. 3 CRL.P. No.4253 OF 2025
4.
Recording the submissions of the 2'’'^ respondent, I.A. Nos.2 and 3 of 2025 are allowed and the proceedings in C.C. No.3109 of 2024 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada, N.T.R. District, against the petitioners for the offences under Sections 498-A, 506 of the Indian Penal Code 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are hereby quashed. i
5. Accordingly, the criminal petition is allowed. 6. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. SDA M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The II Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District
2. 'the Station House Officer, Disha P.S., Vijayawada City, Krishna District ; 3. Onp CC to ,Sri. A Syam Sundar Reddy Advocate [OPUC]
4. Jwo CCs to the Public Prosecutor, High Court of Andhra Pradesh at Arharav/dthilOUT]
5. Three CD Copies Stu PRK * along with the memorandum of compromise filed by both the parties
N HIGH COURT DATED:23/04/2025 COMMON ORDER I.A Nos. 2 and 3 of 2025 in/and CRLP.No.4253 of 2025 ALLOWING THE I.A NOS. 2 AND 3 OF 2025 ALLOWING THE CRIMINAL PETITION
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl Crl.P.No.4253 OF 2025 BETWEEN:
1. Bathula Rajeev Reddy, S/o Venkatareddy, Aged about 32 years, R/o D.No.32-36-13, Machavaram, Vijayawada, Now residing in Flat No.406, KMR Sunrise Apartment, Near Swapna Function Hall, Nunna, Vijayawada, N.T.R. District. 2. Bathula Venkata Reddy, S/o Late Subba Reddy, Aged about 58 years, R/o D.No.32-36-13, Machavaram, Vijayawada, Now residing in Flat No.406, KMR Sunrise Apartment, Near Swapna Function Hall, Nunna, Vijayawada, N.T.R. District. 3. Bathula Naga Malleswari, W/o Venkatareddy, Aged about 48 years, R/o D.No.32-36-13, Machavaram, Vijayawada, Now residing in Flat No.406, KMR Sunrise Apartment, Near Swapna Function Hall, Nunna, Vijayawada, N.T.R. District. ... Petitioners/Accused 1 to 3 AND U. i/’ (I /; .Ci'} 0
1. The State of Andhra Pradesh, Rep.
by its SHO, Disha P.S., Vijayawada City Through Public Prosecutor, High Court of Andhra Pradesh, Amaravati. j \ ... Respondent/Complainant
2. Unnikankanam Ramani Priya W/o Bathula Rajeev Reddy, Aged about 26 years R/0D.N0.31-12-19A, Duggirala Balaramakrishnaiah Street Machavaram Down, Vijayawada N.T.R. District. > I I 1 ... Respondent/Defacto-Complainant MEMORANDUM OF COMPROMISE FILED BY BOTH PARTIES Both parties most respectably submit that;
1. The 1®‘ Petitioner is the husband, Petitioners 2 & 3 are in-laws to the 2"'‘ Respondent. The marriage of the Petitioner with the 2^ Respondent was solemnized on 29-02-2024 at Ashok Function Hail, Nunna Village in the presence of both side elders according to the Hindu rites and customs. But the said marriage was not consummated. 2. On which, the 2"*^ Respondent filed F.C.O.P.No.1296/2024 on the file of Hon'ble. Principal Family Court at Vijayawada seeking declaration that her marriage with the 1®^ Petitioner is null and void. The said petition was allowed on 26-03-2025 by declaring that the marriage of the 2"*^ Respondent with the 1®‘ Petitioner dt.29-02-2024 is null and void. 3. During such proceedings, the 2"'^ Respondent has lodged a crime with the Respondent. The Respondent registered the same as FIR J/ 1) 6-'/' f3 i. ''-•'I-:, % CP ■: t \ .S 1-'
1%. No.73/2024 dt. 15-06-2024 under Section 498(A). 506 IPC and Section 3 & 4 of DP. Act. Later, the Respondent laid Chargesheet on the file of Hon’ble II Additional Chief Metropolitan Magistrate, Vijayawada, said Chargesheet was registered as C.C.No.3109/2Q24 agains the Petitioners under Section 498(A), 506 IPC and Section 3 & 4 of D.P. Act. The
4. Subsequent to the Decree and Judgment in F.C.O.P.No. 1296/2024 dt.26-03-2025, both Petitioners and 2"^ Respondent settled their dispute in the presence of both side elders and entered into memorandum of compromise.
The terms of compromise are as follows:
TERMS OF GOMPROMISE i) The Petitioner hereby consents that order and decretal order dt.26-03-2025 passed in in F.C.O.P.No. 1296/2024 on the file of Hon'ble Principal Family Court at Vijayawada. As such the marriage of the 2’'^ Respondent with the 1®‘ Petitioner is dissolved thereby. ii) The Petitioners paid Rs.5.50,000/- (Rupees Five lakh and Fifty thousand only) by way of cash to the 2^^ Respondent towards full, final satisfaction of past, present, future maintenance, permanent alimony whatsoever arises from 3 knots. As such the 2"“^ Respondent received the same and hereby acknowledged it. Both parties exchanged their articles. iii) The 2^^ Respondent shall not claim any right, interest maintenance, damages whatsoever arises from the 3 knots from the 1®‘ Petitioner or his parents i.e.. Petitioners 2 & 3. 1 s V V V. y .f /' V^, / \ •-1^ ■
" 1 I I jf . f y-i
iv) The 2"^^ Respondent withdraw the C.C.No.3109/2024 on the of Hon’ble il Additional - Chief Metropolitan Magistrate, Vijayawada. As such the 2"'^ Respondent consents, agrees to the criminal on the file of Hon’ble II Additional Chief Metropolitan Magistrate, Vijayawada, proceedings in C.C.No.3109/2024 on the file of Hon’ble II Additional Chief Metropolitan Magistrate, Vijayawada may be quashed with the consent of the both parties allow this CrI.P.No.4253/2025 by quashing priceedings in C.C.No.3109/2024 Hence, '■i V) Both parties are entitled to lead their independent life their wish. Both parties shall not interfere with the independent, separate life of other. as per Vi) Both parties shall not canvass during the wed lock. as to the things, acts happened vii) The Petitioner and 2"^^ Respondent are not blessed with children. There is no collusion in between the Petitioners and 2^^ Respondent for any illegal, unethical gam. 5. For the above said reasons and conditions, both the Petitioners and 2"^^ Respondent hereby consent for allowing this CrI.P.No.4253/2025.
Both ^parties willfully entered into this memorandum of understanding without there being any coercion, force of anybody. As such both r parties hereby undertook that they are bound by the above said terms and conditions and violators would be prosecuted per law by treating this memorandum of understanding as decree of competent Hon'ble Civil Court. as u .1^ P B* -‘4 ?/ /J.v W / Q V pj TAJ/k V. •' - > -> ■P.r i
Therefore, both parties pray that the Hon'bie Court may be pleased to allow this Crl.P.No.4253/2025 by quashing the criminal proceedings in C.C.No.3109/2024 on the file of Hon’bie II Additional Chief Metropolitan Magistrate, Vijayawada and pass such other order or orders as the Hon'bie Court deem fit and proper under the circumstances of the case. 2^ Respondent Petitioners; U- Unnikankana.m Ram.ani Priya 1) Bathula Rajeev Reddy 2) Bathula Venkat^ Reddy o 3) Bathula Naga Malleswari V DECLARATION We, 1) Bathula Rajeev Reddy, 2) Bathula Venkata Reddy, 3) Bathula Naga Malleswari & 4) Unnikankanam Ramani Priya hereby declare and confirm that the facts stated in the above said paras are true and correct. The above said contents are which are prepared as per our instructions, read over to us in vernacular language. We understood and made our I/' V> (keLL^ Q ‘ VT]
declaration. Hence, the day of April, 2025 at Vijayawada. Petitioners: we verify this memorandum of understanding 2"'^ Respondent 1) Bathula Rajeev Reddy Unnikankanam Ramani Priya 2) Bathula Venkata Reddy ma}M 3) Bathula Naga Malleswari a Solemnized affirm and consent before 2025 at Vijayawada. me on this the 21®‘ day of April Vijayawada, Date: 21-04-2025 V i/ T.l 5 Cc