APHC010540272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10563/2025 Between: 1. NALLAPANENI SAI HEMANTH KUMAR,, S/O NALLAPANENI RAMESH KUMAR, AGED 30 YEARS,OCCUPATION SELF EMPLOYED, R/O-D.NO 26-2-29,2ND LANE, RITHWIK ENCLAVE, AK NAGAR, NELLORE, SPSR NELLORE DISTRICT-524004 ...PETITIONER/ACCUSED AND 1. JYESHTA HEMANIKITHA HEMACHOWDARY, W/O N.SAIHEMANTH KUMAR, D/O JYESHTA AYODHYARAMU, AGED 29YEARS,OCCUPATION ADVOCATE, R/O- D.NO 31-51-5, FLAT NO.607, GREEN CITY HEIGHTS, PALM STREET, VISAKHAPATNAM(RURAL), VISAKHAPATNAM DISTRICT-530049 2. ABHAY RAM, S/O NALLAPANENI SAI HEMANTH KUMAR, AGED 23 MONTHS,ON BEHALF OF REPRESENTED BY HIS MOTHER JYESHTA HEMANIKITHA @ HEMACHOWDARY, R/O- D.NO 31-51-5, FLAT NO.607, GREEN CITY HEIGHTS, PALM STREET, VISAKHAPATNAM(RURAL), VISAKHAPATNAM DISTRICT-530049 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR HIGH OF ANDHRA PRADESH AT AMARAVATI. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. UMESH CHANDRA P V G 2 Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10563/2025 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, seeking quashment of the proceedings pending in F.C.O.P.No.896 of 2025 on the file of the Family Court Judge-cum-V Additional District Judge, at Visakhapatnam. 2. Heard Sri Umesh Chandra P.V.G., learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State is in attendance. 3. Learned counsel for the petitioner would submit that F.C.O.P.No.896 of 2025 was filed by the wife and children against the petitioner who is the husband. Learned counsel for the petitioner would further submit that there was an M.O.U., between the parties. Unofficially, they have entered into compromise. But the respondent No.1 herein filed F.C.O.P., seeking maintenance. Learned counsel for the petitioner would further submit that teh respondent No.1 is a practicing Advocate and without disclosing such facts, she sought for maintenance. 4. Considering the submissions made, since the matter is pending before the Court and no Order has been passed by the Trial Court so far. The 4 contentions raised in the present petition is a matter of defence, that cannot be appreciated by this Court while exercising the inherent jurisdiction. In that view, this Criminal Petition is disposed of. However, the petitioner is at liberty to raise all such contentions before the Trial Court and the learned Trial Judge may appreciate the same and take appropriate decision according to law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.10.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10563/2025 Dated.15.10.2025 UPS 129