IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE HARINATH.N CRIMINAL PETITION NO: 6242 OF 2021 Between: 1. Putha Trinath, s/o. Rama Lingaiah, 31 years, Caste by Padmasali, R/o.D/o.3/45, Occ. Software Engineer, Kotha Madha Varam village, Vonimitta mandal Kadapa District. (A1). 2. Putha Rama lingiah, s/o.Subbarayudu, 59 years. Caste by Padmasali, R/o.D/o.3/45, Occ. Software Engineer, Kotha Madha Varam village, Vonimitta mandal Kadapa District. (A2) 3. Putha Venkata Subbamma, w/o. Rama Lingaiah, aged 50 years. Caste by Padmasali, R/o.D/o.3/45, Occ. Software Engineer, Kotha Madha Varam village, Vonimitta mandal Kadapa District. (A3). ...Petitioners/Accused AND 1. Smt.Avvaru Sri Bhavana, w/o. Putta Trinath, D/o.A.Surya Narayana, aged 29 years, Hindu, Working as software engineer at Bengaluru, Residing at D/o.39/525-4-2, next to Ramalayam Temple, Aravinda nagar, Kadapa City, YSR Kadapa District. ...Respondent/Complainant 2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, In the High Court of Judicature at Amaravathi For the State of Andhra Pradesh, Amaravathi. ...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 quash the proceedings in C.C.No.970/2021 on the file of the court of the II Additional Judicial Magistrate First Class, Kadapa. I.A. NO: 1 OF 2021 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 grant stay of all further proceedings in C.C.no.970/2021 on the file of the court of the II additional judicial magistrate first class, Kadapa including the appearance of the petitioners pending criminal petition in this Hon'ble court. I.A. NO: 1 OF 2024 Between: Smt.Avvaru Sri Bhavana, w/o. Putta Trinath, D/o.A.Surya Narayana, aged 29 years, Hindu, Working as software engineer at Bengaluru, Residing at D/o.39/525-4-2, next to Ramalayam Temple, Aravinda nagar, Kadapa City YSR Kadapa District. ...Petitioners/Respondent No.1/Defacto Complainant AND 1. Putha Trinath, s/o. Rama Lingaiah, 31 years. Caste by Padmasali, R/o.D/o.3/45, Occ. Software Engineer, Kotha Madha Varam village, Vonimitta mandal Kadapa District. (A1). 2. Putha Rama lingiah, s/o.Subbarayudu. 59 R/o.D/o.3/45, Occ. Software Engineer, Kotha Madha Vonimitta mandal Kadapa District. (A2) 3. Putha Venkata Subbamma, w/o. Rama Lingaiah, aged 50 years, Caste by Padmasali, R/o.D/o.3/45, Occ. Software Engineer Varam village, Vonimitta mandal Kadapa District. (A3). years, Caste by Padmasali, Varam village. Kotha Madha ...Respondents/Petitioners/Accused No. 1 to 3 4. The State of Andhra Pradesh, Rep. by its Public Prosecutor In the High Court of Judicature at Amaravathi For the State of Andhra Pradesh, Amaravathi. ...Respondent/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 pieased to vacate the interim orders passed in CRL.P.No.6242 Of 2021 dt; 11-11-2021. This Petition coming on for hearing of Grounds of Criminal Petition and upon perusing the Memorandum upon hearing the arguments of Sri S Lakshminarayana Reddy, Advocate for the Petitioners/Accused Assistant Public Prosecutor and the on behalf of the Respondent No.2 and of Sri Ponnada Sree Vyas, Advocate for the Respondent No. 1 The Court made the following: 1 HN, J Crlp.No.6242_2021 APHC010434172021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6242/2021 Between: Putha Trinath and Others ...PETITIONER/ACCUSED(S) AND Smt Avvaru Sri Bhavana and Others Counsel for the Petitioner/accused(S): 1.S LAKSHMINARAYANA REDDY Counsel for the Respondent/complainant(S): 1.PONNADASREE VYAS 2. PUBLIC PROSECUTOR (AP) ...RESPONDENT/COMPLAINANT(S) 2 HN, J Crip.No.6242 _2021 The Court made the following Order; The learned counsel for the petitioners submits that the petitioners are arraigned as accused in Crime No.970 of 2021 on the file of II Additional Judicial Magistrate of I Class, Kadapa. 1. The 1^' petitioner is the husband of the 1®* respondent; petitioner Nos.2 and 3 are the in-laws of the respondent. 2. The learned counsel appearing for the petitioners submits that the submits that the petitioners are arraigned as accused in a false case, and even per the complaint, the case was registered after the petitioner filed It is submitted by the learned counsel for the petitioners that, even as per the complaint, the 1®' respondent has alleged that she was surprised to receive the notices in H.M.O.P. No. 58 of 2020, and after receipt of notice, efforts were made to resolve the issue by involving elders. 3. as H.M.O.P. No.58 of 2020. St The learned counsel for the petitioners further submits that the 1 respondent,, after delivery of a baby boy on 29.09.2019, did not join the company of the 1®* petitioner, and that the 1®^ petitioner, having no other option, had to file H.M.O.P.No.58 of 2020. It is submitted that LW2 is the mother of LW1 and LW3 is the paternal aunt of LW1, and LWs 4, 5 and 6 are mediators. 4. The learned counsel for the petitioner submits that this is a classic case where the false complaint is filed after receipt of the notice in O.P No.53 of 2020, which is pending consideration before the Additional Senior Civil Judge, Badvel, 5. 3 Crlp.No.6242 __202]^^ Rajampet. The learned counsel for the petitioners further submits that there i absolutely no allegation insofar as the petitioner Nos.2 and 3 IS are concerned and that only a vague reference i the petitioners in general. It is also submitted that there to when and how the petitioners demanded grounds, the petitioner seeks to quash C.C.No.970 IS made with regard to the allegations against are no specific dates as additional dowry etc. On these of 2021. 6. The learned counsel statements of listed witnesses 4 to 6 appearing for the 1®^ respondent submits that the are crucial, and LW6 has stated that she participated in the mediation between the family of the petitioners and the 1^' respondent. These issues have to be tried before questions of fact. Interference by this Court, where the Trial Court, as they are there is a prima facie case IS not desirable, respondent has made out a allegations are evident from the statements of the wi for dismissal of the criminal petition. The learned Senior counsel further submits that the 1 prima facie case against the petitioners , and witnesses; as such, he prays 7. Considering the submissions made by both the learned counsel, the allegations are certainly disputed questions of fact by the Trial Court. which have to be dealt with Without going into the merits of the dismisses the petition, leaving it open to the petitioner to taken in the petition before the trial Court. case, this Court raise all the grounds 8. Accordingly the Criminal petition is dismissed. 4 HN,J Crip.No.6242 _2021 As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1. The II Additional Judicial Magistrate First Class, Kadapa, YSR Kadapa District 2. The Station House Officer, Chinna Chowk P.S, YSR Kadapa District 3. One CC to Sri. S Lakshminarayana Reddy, Advocate [OPUC] 4. One CC to Sri. Ponnada Sree Vyas Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 6. Three CD Copies To, stu sree HIGH COURT DATED;01/05/2025 ORDER CRLP.No.6242 of 2021 I 22JUt 2025 ^ Current Seciion — mr DISMISSING THE CRIMINAL PETITION