APHC010055962021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 874 OF 2021 Between: Kancharla Harish Babu, S/o.Adam Kancharla Aged 27 years, R/o. 10-11- 14/9, 13 ward, Ambedkar Nagar, Nidubrolu, Guntur- 522124. ...PETITIONER/ACCUSED 1 AND 1. State of Andhra Pradesh, Rep. by its Public Prosecutor High Court for the State of Andhra Pradesh 2. Srujana Kancharla, D/o. Not known. Aged 34 years, R/o. Srungarapeta, Nidubrolu, Ponnur, Guntur District. ...RESPONDENT/DE-FACTO COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition pleased to Quash the proceedings as against Petitioner/Accused No. 1 i Cr.No.195 of 2020 on the file of Ponnur Town Police Station the High Court in Guntur. lA NO: 2 OF 2021 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 to stay all further proceedings including the Petitioner/Accused No.1 in Cr.No.195 of 2020 on the file of Ponnur Town Police Station, Guntur. Counsel for the Petitioner arrest of : SRI ARUN SHOWRI GORREMUCHU Counsel for the Respondents : PUBLIC PROSECUTOR (AP) The Court made the following ORDER : APHC010055962021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 874/2021 Between: 1.KANCHARLA HARISH BABU, S/O.ADAM KANCHARLA AGED 27 YEARS, R/0. 10-11-14/9, 13 WARD, AMBEDKAR NAGAR, NIDUBROLU, GUNTUR- 522124. ...PETITIONER/ACCUSED AND 1.STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT FOR THE STATE OF ANDHRA PRADESH 2.SRUJANA KANCHARLA, D/0. NOT KNOWN , AGED 34 YEARS, R/0. SRUNGARAPETA, NIDUBROLU, PONNUR, GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT{S): 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 Court pleased to Quash the proceedings as against Petitioner/Accused No. 1 in Cr.No.195 of 2020 on the file of Ponnur Town P.S., Guntur registered for the offences punishable under Sections 498 A of Indian Penal Code and pass lA NO: 1 OF 2021 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 filing of 2 certified copies of FIR in Cr.No.195 of 2020 on the file of Ponnur Town P.S., Guntur registered for the./ offences punishable under Sections 498-A of Indian Penal Code and pass lA NO: 2 OF 2021 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 stay all further proceedings including arrest of the Petitioner/Accused No. 1 in Cr.No.195 of 2020 on the file of Ponnur Town P.S., Guntur registered for the offences punishable under Sections 498-A of Indian Penal Code and pass Counsel for the Petitioner/accused: 1.ARUN SHOWRI GORREMUCHU Counsel for the Respondent/complainant(S): 1 .PUBLIC PROSECUTOR (AP) ' / / 3 The Court made the following: ORDER: The instant petition under Section 482 of the Criminal Procedure Code, 1973, has been filed by the petitioner/accused Nos.1 seeking quashment of proceedings against him in Cr.No.195 of 2020, on the file of Ponnur Town P.S., Guntur, for the offences punishable under Sections 498- A of Indian Penal Code. 2. Heard Sri G.Arun Showri, learned counsel for the petitioner and Ms.K. Priyanka Lakshmi, learned Assistant Public Prosecutor. Learned counsel for the petitioner would submit that even as per the 3. contents of the complaint, there is no reference about marriage between the petitioner and the respondent No.2. Such being the case, the offence under Section 498-A IPC has no application to the facts of the case. Learned counsel would further submit that on that count the petitioner is entitled for quashment of the case. 4. Learned Assistant Public Prosecutor would submit that Court may pass appropriate orders regarding Section 498-A IPC but the contents of the complaint may attract any other offence and the police may be permitted to proceed further in the matter in case of any ingredients would attract the offence of cheating. Considering the submissions made as rightly put by the learned 5. counsel for the petitioner, there are no ingredients to attract the offence under Section 498-A IPC. In that view, the case cannot be proceed against the petitioner for the offence under Section 498-A and it is hereby quashed 4 but it does not preclude, the police to proceed further in case of any offence would attract by the contents of complaint. With these observations, this criminal 6. petition is disposed of. Pending interlocutory applications, if any, shall stands closed. SD/- M.PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The SHO, Ponnur Town PS. Guntur District. 2. One CC to SRI. ARUN SHOWRI GORREMUCHU Advocate High Court of Andhra Pradesh at Amaravathi. [OPUC] 3. Two CCs to Public Prosecutor, [OUT] 4. Two C.D Copies. SSL TAG \ HIGH COURT DATED:01/08/2025 ORDER CRLP NO. 874 OF 2021 CRIMINAL PETITION IS DISPOSED OF.