APHC010035832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 811/2025 Between: 1. M GUNASEELAN, S/O. MANJ, AGED ABOUT 35 YEARS, OCC. DESIGN ENGINEER IN NUCLEAR POWER CORPORATION OF INDIA LTD., DEPARTMENT OF ATOMIC ENERGY, ANUSHAKTI NAGAR, MUMBAI-400094, R/O. FLAT NO 1001, AKASHDEEP, DAE QUARTERS, ANUSHAKTHI NAGAR, MUMBAI - 400094.. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH. 2. SMT A SANGEETHA, W/O. M. GUNASEELAN, AGED ABOUT 29 YEARS, OCC. SOFTWARE ENGINEER C/O D.N0.2-476/A, BAPUJI NAGAR, KONGAREDDIPALLI, CHITTOOR TOWN AND DISTRICT (MOBILE NO.9963323862).THE ADDRESS OF THE RESPONDENT IS AS STATED ABOVE FOR SERVICE OF NOTICE ETC. ...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 Courtpleased to quash the proceedings against the Petitioner in M.C. No. 10 of 2023 on the file of the IVth Additional Judicial Magistrate, Chittoor and may pass IA NO: 1 OF 2025 2 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 the original certified copy of M.C. No. 10 of 2023 on the file of the 4th Additional Judicial Magistrate, Chittoor), before this Hon’ble Court 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 stay all further proceedings in M.C. No. 10 of 2023 on the file of the 4th Additional Judicial Magistrate, Chittoor pending for disposal of the above criminal petition in the interest of justice and may pass Counsel for the Petitioner/accused: 1. AISHWARYA NAGULA Counsel for the Respondent/complainant(S): 1. C B ADARSH KUMAR 2. PUBLIC PROSECUTOR 3. LEGAL AID 3 The Court made the following: ORDER: This Criminal Petition, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been preferred by the petitioner/accused, seeking quashment of the proceedings against him in M.C.No.10 of 2023, pending before the 4th Additional Judicial Magistrate, Chittoor. 2. Heard Ms. Aishwarya Nagula, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, who takes notice on behalf of the State. 3. Learned counsel for the petitioner would submit that Respondent No.2/wife has left the matrimonial home and moved to Chennai for employment without any valid reason and showing no willingness to resume marital life with the petitioner and despite repeated directions by the trial Court for over a year, the respondent has failed to file the mandatory income affidavit, thereby withholding material particulars essential for the adjudication of the maintenance claim. Learned counsel would further submit that the petitioner himself has filed a divorce petition, which is still pending. Learned counsel prays for the quashment of the proceedings in M.C.No.10 of 2023. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders in accordance with law. 5. Considering the submissions made, this Court does not find any merit in the petition for quashing the maintenance case filed by the wife of the petitioner. 4 6. In the result, this Criminal Petition is disposed of. However, the petitioner is at liberty to raise all contentions before the trial Court in his defence. Miscellaneous applications pending, if any, shall stand closed. ____________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 20.08.2025 MH 5 166 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P No.811 of 2025 Dated: 20.08.2025 MH