APHC010496062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10103/2025 Between: 1. P MAHESH KUMAR, S/O.P. RAMAJINEYULU, AGED ABOUT 38 YEAIRS, R/O.D.NO. 9/291/1, GANDHI NAGAR, DHARMAVARAM TOWN, SRI SATYA SAI DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, DHARMAVARAM TOWN POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI. 2. CHINTHA MADHAVI, W/O P. MAHESH, AGED ABOUT 30 YEARS, R/O. D.NO. 18/92 MARKET STREET, DHARMAVARAM TOWN, SRI SATYA SAI 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 Courtpleased to quash all further proceedings in C.C.No. 20 of 2023 on the file of Homhle Judicial Magistrate of First Class, Dharmavaram against the Petitioner/A1 and 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 filing of certified copies 2 in CC. No. 20 of 2023 before The Judicial Magistrate of first Class, Dharmavaram against the petitioner/A1 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 of all further proceedings in C.C.No. 20 of 2023 on the file of Honhle Judicial Magistrate of First Class, Dharmavaram against the Petitioner/A1 and pass Counsel for the Petitioner/accused: 1. P NARASIMHULU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10103/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused No. 1, seeking quashment of the proceedings pending against him in C.C.No.20 of 2023 on the file of Judicial Magistrate of 1st Class, Dharmavaram for the offences punishable under Section 498-A r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act. 2. Heard Sri P.Narasimhulu, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that a false case has been lodged against the petitioner and his family members. The petitioner herein is Accused No.1 and the husband of the defacto complainant. The allegations made against the petitioner are in omnibus in nature. There are no ingredients to attract the alleged offences. He would further submit that the present case has been lodged against the petitioner, only to harass the petitioner and his family members, since the petitioner has filed a divorce petition vide HMOP No.144 of 2023 before the learned Senior Civil Judge, Dharmavaram. 4 4. Learned Assistant Public Prosecutor vehemently opposed the petition and would submit that there are specific and clear allegations made against the petitioner, hence, it is not a fit case for quashment. It is alleged against the petitioner that the petitioner harassed the defacto complainant in demand of additional dowry physically and mentally. It is also alleged that the petitioner addicted to alcohol and had some illicit affairs with other women. Learned Assistant Public Prosecutor finally prays of dismissal of the petition. 5. Considering the submissions made and a fair look at the material on record, as rightly put by the learned Assistant Public Prosecutor, there are specific allegations made against the petitioner. The contentions raised by the petitioner in the present petition are a matter of defence. When there is a verifiable material on record, this Court cannot exercise its discretion for quashment of such case. This matter requires a detailed enquiry before the Trial Court. In that view, the Criminal Petition is liable to be dismissed. 6. Accordingly, this Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10103/2025 Dated.25.09.2025 UPS 147