APHC010107992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3145/2025 Between: 1. GARIKIPATI SATYANARAYANA RAJU,, S/O RAMBABU, AGED ABOUT 34 YEARS, 2ND WARD, KAIKALURU VILLAGE AND MANDAL, KRISHNA DISTRICT. 2. GAIKAPATI RAMBABU,, S/O SATYANARAYANA RAJU AGED ABOUT 56 YEARS, 2ND WARD, KAIKALURU VILLAGE AND MANDAL, KRISHNA DISTRICT 3. GARIKAPATI RAMA DEVI, W/O RAMBABU AGED 46 YEARS, 2ND WARD, KAIKALURU VILLAGE AND MANDAL. KRISHNA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER INSPECTOR OF POLICE, KAIKALURU CIRCLE, KAIKALURU REP, BY PUBLIC PROSECUTOR HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. XXXX, XXX ...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 Court may be pleased to quash Order Dt.04.02.2025 i.e., framing charges and charge sheet against the petitioners/accused in Sc.no. 177/2024 on the file of IX Additional District and Sessions Court, for the offences U/s 420, 376, 313, 3540, 506, 109 r/w 34 IPC and to 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 to stay all further Proceedings against the Petitioners/accused in Sc.No.177/2024 on the File of IX Additional District and Sessions Court and to pass Counsel for the Petitioner/accused(S): 1. CHALLA AJAY KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. T V V KOTESWARA RAO THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3145/2025 ORDER: The instant Criminal Petition is filed under Section 482 of Criminal Procedure Code by the petitioners/Accused 1 to 3, seeking quashment of the charges framed against the petitioners by the order dated 04.02.2025, in SC.No. 177 of 2024, on the file of IX Additional District and Sessions Court, Krishna, Machilipatnam for the offences under Sections 420, 376, 313, 354C, 506, 109 r/w 34 IPC. 2. Heard Sri. Challa Ajay Kumar, learned counsel for the petitioners, Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor, on behalf of the State and Sri. T.V.V. Koteswararao, learned counsel for Respondent No.2. 3. Learned counsel for the petitioner would submit that the Petitioners/Accused No. 2 and 3 are the parents of Petitioner/Accused No.1. There are no specific allegations against them attracting the offences under Sections 420, 376, 313, 354C, 506, 109 r/w 34 IPC. Learned Counsel would further submit that continuing criminal proceedings against the Accused No. 2 and 3 is mere abuse of process of law. 4. Learned counsel for the 2nd Respondent would submit that the statements of the victim and others before the police would clearly show the role of the petitioners in the whole issue. Learned counsel would further submit that the Accused No.2 and 3 cooperated and assisted Accused No.1 in cheating the victim and they refused the marriage between Accused No.1 and the victim, and threatened the victim with dire consequences. This court while exercising inherent jurisdiction cannot conduct a mini trial and prays to dismiss the present criminal petition. 5. Learned Assistant Public Prosecutor would further submit that there is verifiable material placed on record attributing allegations against the petitioners herein and it is not a fit case for quashment. The Trial Court rightly took cognizance of the offences, against the petitioners after evaluating the evidence collected by the police during investigation. The matter is coming up for trial and the schedule is also fixed before the Trial Court. Learned Assistant Public Prosecutor submits that there no grounds to allow the petition. 6. Considering the submissions made and on perusal of material placed on record, in the report submitted before the police, the victim stated that the Accused No.1 took her to his house and at that time, the Accused No.2 and 3 agreed to make her their daughter-in-law and later, they denied to perform the marriage between A1 and the victim citing the caste difference as a reason. The victim in her statement before police recorded under Section 161 Cr.P.C. stated that the Accused No.2 and 3 initially agreed to perform marriage of Accused No.1 with the victim after competition of her studies and they forced her to consume abortion tablets brought by Accused No.1. Subsequently, the victim in her statement recorded under Section 164 Cr.P.C., before the learned Magistrate deposed that the parents of the Accused No.1 i.e. Accused No.2 and 3 stated to her that they do not have any problem and agreed for their marriage. The victim further deposed that when she informed to the Accused No.2 and 3 about abortion and following life risk, the Accused No.2 and 3 forced her to proceed with the abortion ignoring the life risk and later, they refused to perform the marriage since the victim belongs to different caste. 7. A bare perusal of the record would show that there are certain allegations leveled against the petitioners that they forced the 2nd respondent to get her pregnancy aborted and promised to perform her marriage with Accused No.1 and later, went back on their promise. This court while exercising jurisdiction under Section 482 of Criminal Procedure Code cannot conduct a mini trial to find out the veracity of the allegations made against the petitioners, only after a full length of trial, the truth would come out. 8. At this juncture, learned counsel for the petitioners would submit that the appearance of the Accused No.2 and 3 may be disposed before the Trial Court, in view of their old age. 9. Accordingly, the Criminal Petition is disposed. However, the attendance of Accused No.2 and 3 is dispensed before the Trial Court unless their presence is specifically warranted. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 08.11.2025 SNI HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 3145/2025 Dated.08.12.2025 SNI 372