IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10165 OF 2022 Between: Bhimavarapu Sujana, W/o. Bhimavarapu Sunil Suryatej, Aged about 32 years, R/o. Plot No.3A. Ground Floor, 2"^ Main, Byraveshwara Layout, Hennur Bande, Kalyananagar, Bengaluru, Karnataka ...PETITIONER/ACCUSED N0.4 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...COMPLAINANT/RESPONDENT 2. Smt. Harika Kalyani Gangaraju, W/o. Panangipalli Sai Sri Krishna, Aged about 26 years, R/o. D.No.26-44-165/B, NGO Colony, 7th Lane, Near NTR Water Plant, Guntur - 522004, Andhra Pradesh ... DEFACTO COMPLAINANT/RESPONDENT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in and relating to D.V.C No.35/2022 on the file of the Court of Special Judicial Magistrate of First Class for Mobile, Guntur and quash the same. I.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further D.V.C.No.35/2022 on the file of the Court of Special Judicial Magistrate First Class for Mobile, Guntur including appearance of accused. proceedings in This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. Sodum Anvesha, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1 and No.2. on none appeared for the Respondent The Court made the following ORDER : f APHC010692102022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3396] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10165/2022 Between: 1.BHIMAVARAPU SUJANA, W/0. BHIMAVARAPU SIMI SURYATEJ, AGED ABOUT 32YEARS, R/0. PLOT N0.3A. GROUND FLOOR, 2ND MAIN, BYRAVESHWARA LAYOUT, HENNUR BANDE, KALYANANAGAR, BENGALURU, KARNATAKA ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH PROSECUTOR AMARAVATHI REP. BY ITS PUBLIC HIGH COURT OF ANDHRA PRADESH AT 2.SMT HARIKA KALYANI GANGARAJU, W/0. PANANGIPALLI SAI SRI KRISHNA, AGED ABOUT 26 YEARS, R/0. D.N0.26-44-165/B, NGO COLONY, 7TH LANE, NEAR NTR WATER PLANT, GUNTUR - 522004, ANDHRA PRADESH ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.SODUM ANVESHA Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR (AP) The Court made the following: 2 ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C) has been filed, by the Petitioner/Respondent No.4, seeking to quash the proceedings against her in D.V.C.No.35 of 2022 on the file of the Court of Special Judicial First Class Magistrate, for Mobile, Guntur. 2. Heard Ms.Sodum Anvesha, learned counsel for the Petitioner and Ms. K. Priyanka Lakshmi, learned. Assistant Public Prosecutor State/Respondent No.1. Respondent No.2. representing the Inspite of service of notice, none appeared for 3. Learned Counsel for the Petitioner/Respondent No.4 would submit that the Petitioner herein is the married sister of the husband of Respondent No.2 herein. Learned Counsel further would submit that the Petitioner herein did not even attend the marriage of her brother and Respondent No.2. M.C.No.5889 of 2021 on the file of the Court of Principal Family Judge Bangalore seeking divorce after issuing legal notice to Respondent No.2. submitted that having come to know about the filing of divorce petition by husband, in retaliation. Respondent No.2 herein filed the C.C.No.118 of 2022 against her and husband and his A1 filed It is the present DVC and family members. Learned counsel would submit that the proceedings in C.C.No.118 of 2022 on the file of the Court of Special Judicial Magistrate of First Class for Mobile Guntur against the Petitioner herein for the offences under Sections 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act 323 and were quashed 3 rf by this Hon’ble Court. Learned counsel would further submit that, the allegations leveled against the Petitioner are bald and omnibus. Hence, prayed for quashment of the proceedings against the Petitioner. 4. Per contra, learned Assistant Public Prosecutor would submit that the Petitioner herein subjected Respondent No.2 to domestic violence and there are specific allegations leveled against the Petitioner. It is also stated that there are no tenable grounds to quash the case against Petitioner. Hence prayed to dismiss the petition. 5. A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary; (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A court while sitting in Section 482 jurisdiction is not functioning as a court of appeal or a court of revision. It must exercise its powers to do real and substantial justice, depending on the facts and circumstances of the case. These powers must be invoked for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence. As can be seen from the record, the marriage of the brother of the 6. Petitioner herein with Respondent No.2 herein took place on 08.08.2020. The Court takes judicial notice of the fact that 08.08.2020 was a COVID-19 Pandemic time, where people were not permitted to move as per their choice, unless there was permission from the concerned authorises. The version of 4 4? the Petitioner herein, who is the married sister, is that ,she has not even attended the marriage of her brother. Disputing the said fact, nothing has been placed before this Court. 7. That apart, the medical record has been placed before this Court show that she has approached Rainbow Children Hospital, Vijayawada 29.05.2021 and she has taken permission from the Government of Karnataka on 17.06.2021 to travel to Tadepalli, Guntur District where her to on parent-in-laws are residing and she underwent some medical tests. She has visited the Hospital again on 19.06.2021 and 22.06.2021. The medical record which placed on record would show that the Petitioner herein became was pregnant for the second time. The material further would show that the husband of Respondent herein filed M.C.No.5889 of 2021 Judge, Bangalore seeking divorce from her filing of the said case. Respondent No.2 herein lodged the C.C.No.118 of 2022 on the file of the Court of Special Judicial First Class for Mobile, Guntur against her husband offences under Sections 323 and 498-A IPC and Sections Dowry Prohibition Act. Admittedly, the proceedings herein in C.C.No.118 of 2022 12.11.2024 in Crl.P.No.8778 of 2022 allegations against the Petitioner herein. 8. No.2 on the file of the Court of Principal Family 12.11.2021. Subsequent to the on present DVC and Magistrate of and in-laws for the 3 and 4 of the against the Petitioner were quashed by this Court vide Order dated on the ground that there are no specific 5 A fair look at the contents of the present complaint also would show that the allegation made against the Petitioner is that she along with the husband 9. and parents-in-law, dragged Respondent No.2 to one room and beat her with hands and legs for want of additional dowry from her parents. However, no specific incident has been referred against the Petitioner. Further, the husband of Respondent No.2 got issued a legal notice to her and thereafter filed a matrimonial case for divorce on 12.11.2021. The present case has been lodged on 22.02.2022, which is subsequent to the filing of M.C.No.5889 of 2021 by the husband of Respondent No.2. It is the case of Respondent No.2 that her husband dropped her at her parents’ house in Guntur on 20.06.2021 without even entering her house. Hence, it can be construed that only to bend her to her terms, the present case has been lodged against the married sister. In that view, this Court is of the view that it is a fit case to exercise the power under Section 482 Cr.P.C. In the result, the Criminal Petition is allowed and the proceedings in 10. D.V.C.No.35 of 2022 on the file of Court of Special Judicial Magistrate of First Class for Mobile, Guntur, against the Petitioner/Respondent No.4 are hereby quashed. As a sequel, interlocutory applications pending, if any, shall stand SD/- K.KASIRAO ACHARI ASSISTANT REGISTRAR closed. I //TRUE COPY// SECTION OFFICER To, 1. The Special Judicial Magistrate First Class for Mobile, Guntur, Guntur District. 2. One CC to Smt. Sodum Anvesha Advocate [OPUC] 3. Two GO'S to the Public Prosecutor,High Court of Andhra Pradesh at Amaravati [OUT] 4. THREE CD COPIES SAM TAC » i HIGH COURT DATED: 17/04/2025 ORDER CRLP.No.10165 of 2022 ALLOWING THE CRLP