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2025 DAILYLAW 55426 (AP)

Kadhiri Maruthi Varun v. The State of Andhra Pradesh

CRLP/9729/2025 · 2025-09-17

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010480162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos. 1 TO 3 OF 2025 IN/AND CRIMINAL PETITION NO: 9729 OF 2025 Between: 1. Kadhiri Maruthi Varun, S/o. VenkataRamana Rao, Aged 27 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 2. Kadhiri Venkata Ramana Rao, S/o late Nagappa, Aged 54 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 3. Kadhiri Venkata Lalitha Kumari, W/o Venkata Ramana Rao, Aged 50 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 4. Kadhiri Vasudha, W/o. Maganti Vishnu Teja, aged 29 years, R/o. Flat No.403, Sai Sadan Apartment, beside SBI Bank, SR Nagar, Hyderabad. 5. Maganti Srinivas Vishnu Teja, S/o Maganti Narasimha Sharma, age 33years, Occ: Private Employee, R/o Flat No.403, Sai Sadan Apartment, beside SBI Bank, SR Nagar, Hyderabad. ...Petitioners/Accused Nos. 1 to 5 AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. 2. Kadhiri Venkata Purnima, W/o Maruthi Varun, Aged 27 years, Occ: Employee, Rep. by her GPA holder Smt. Anparthy Padmavathi, W/o. Ramaiah, R/o 7-114/2, Cheepurupalli Street, Bobbili,Vizianagaram Dist. ...Respondent/Complainant Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records pertaining to C.C. No.293 of 2025 on the file of the I Additional Civil Judge (Junior Division), Bobbili and quash the .same by recording the compromise. r - ^ lA NO: 1 OF 2025 Between: Kadhiri Venkata Purnima, W/o Maruthi Varun, Aged 27 years, Occ: Employee, Rep. by her GPA holder Smt. Anparthy Padmavathi, W/o. Ramaiah, R/o 7-114/2, Cheepurupalli Street, Bobbili,Vizianagaram Dist. ...Petitioner/2"'' Respondent AND 1. Kadhiri Maruthi Varun, S/o. VenkataRamana Rao, Aged 27 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 2. Kadhiri Venkata Ramana Rao, S/o late Nagappa, Aged 54 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 3. Kadhiri Venkata Lalitha Kumari, W/o Venkata Ramana Rao, Aged 50 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 4. Kadhiri Vasudha, W/o. Maganti Vishnu Teja, aged 29 years, R/o. Flat No.403, Sai Sadan Apartment, beside SBI Bank, SR Nagar, Hyderabad. 5. Maganti Srinivas Vishnu Teja, S/o Maganti Narasimha Sharma, age 33years, Occ; Private Employee, R/o Flat No.403, Sai Sadan Apartment, beside SBI Bank, SR Nagar, Hyderabad. ...Respondents/Petitioners 6. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. ...Respondent/Respondent No.1 Petition filed under Section 359(6) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner/2nd Respondent to I compromise the offence under Section 498-(A) of I PC & Sec. 85 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3 and 4 of the Dowry Prohibition Act. I lA NO: 2 OF 2025 Between: Kadhiri Venkata Purnima, W/o Maruthi Varun, Aged 27 years, Occ: Employee, Rep. by her GPA holder Smt. Anparthy Padmavathi, W/o. Ramaiah, R/o 7-114/2, Cheepurupalli Street, Bobbili,Vizianagaram Dist. ...Petitioner/2"‘* Respondent AND 1. Kadhiri Maruthi Varun, S/o. VenkataRamana Rao, Aged 27 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 2. Kadhiri Venkata Ramana Rao, S/o late Nagappa, Aged 54 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 3. Kadhiri Venkata Lalitha Kumari, W/o Venkata Ramana Rao, Aged 50 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 4. Kadhiri Vasudha, W/o. Maganti Vishnu Teja, aged 29 years, R/o. Fiat No.403, Sai Sadan Apartment, beside SBI Bank, SR Nagar, Hyderabad. 5. Maganti Srinivas Vishnu Teja, S/o Maganti Narasimha Sharma 33years, Occ; Private Employee, R/o Flat No.403, Sai Sadan Apartment, beside SBI Bank, SR Nagar, Hyderabad. age ...Respondents/Petitioners 6. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. ...Respondent/Respondent No.1 Petition under Section 359 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner/Respondent No.2 to compromise the C.C. No.293 of 2025, on the file of the 1st Additional Civil Judge (Junior Division), Bobbili, the offence under Section 498-(A) of I PC & Sec. 85 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3 and 4 of the Dowry Prohibition Act. (* Joint Memo enclosed vide separate sheet) lA NO: 3 OF 2025 Between: Kadhiri Venkata Purnima, W/o Maruthi Varun, Aged 27 years, Occ: Employee, Rep. by her GPA holder Smt. Anparthy Padmavathi, W/o. Ramaiah, R/o 7-114/2, Cheepurupalli Street, Bobbili,Vizianagaram Dist. ...Petitioner/2"'’ Respondent V AND 1. Kadhiri Maruthi Varun, S/o. VenkataRamana Rao, Aged 27 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 2. Kadhiri Venkata Ramana Rao, S/o late Nagappa, Aged 54 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 3. Kadhiri Venkata Lalitha Kumari, W/o Venkata Ramana Rao, Aged 50 years, R/o. 9-3-38, Abdul Razak Street, Secunderabad. 4. Kadhiri Vasudha, W/o. Maganti Vishnu Teja, aged 29 years, R/o. Flat No.403, Sai Sadan Apartment, beside SBI Bank, SR Nagar, Hyderabad. 5. Maganti Srinivas Vishnu Teja, S/o Maganti Narasimha Sharma, age 33years, Occ: Private Employee, R/o Flat No.403, Sai Sadan Apartment, beside SBI Bank, SR Nagar, Hyderabad. ...Respondents/Petitioners 6. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., at Amaravathi. ...Respondent/Respondent No.1 Petition under Section 359 (8) of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner/ Accused to compound the offence under Section 498-(A) of IPC & Sec. 85 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3 and 4 of the Dowry Prohibition Act. lA NO: 4 OF 2025 Petition under Section 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 including appearance of the Petitioner in C.C. No.293 of 2025 on the file of the 1st Additional Civil Judge (Junior division), Bobbili pending disposal of the main Criminal Petition. : SRI S.A.V.RATNAM, ADVOCATE Counsel for Respondent No.1 : THE PUBLIC PROSECUTOR, HIGH COURT OF A.P. Counsel for Respondent No.2 : SRI PADMAJA KATTUNGA, ADVOCATE The Court made the following COMMON ORDER : Counsel for the Petitioners APHC010480162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA I.A.Nos.1 to 3 of 2025 [3396] IN/AND CRIMINAL PETITION NO: 9729/2025 Between: 1 KADHIRI MARUTHI VARUN, S/0 VENKATARAMANA RAO, AGED 27 YEARS, OCC PVT. EMPLOYEE, R/0 9-3-38, ABDUL RAZAK STREET,SECUNDERABAD. 2 KADHIRI VENKATA RAMANA RAO, S/0 LATE NAGAPPA, AGED 54 YEARS, OCC BUSINESS .R/0 9-3-38, ABDUL RAZAK STREET,SECUNDERABAD. 3 KADHIRI VENKATA LALITHA .KUMARI, W/0 VENKATA RAMANA RAO, AGED50 YEARS,OCC H0USEH0LD,R/0 9-3-38, ABDUL RAZAK STREET,SECUNDERABAD. 4.KADHIRI VASUDHA,, W/0 MAGANTI VISHNU TEJA, AGED29 YEARS, R/0 FLAT NO.403, SAI SADAN APARTMENT, BESIDE SBI BANK, SR NAGAR,HYDERABAD. 5.MAGANTI SRINIVAS VISHNU TEJA, S/O MAGANTI NARASIMHA SHARMA, AGE 33YEARS, OCC PRIVATE EMPLOYEE, R/0 FLAT NO.403, SAI SADAN APARTMENT, BESIDE SBI BANK, SR NAGAR, HYDERABAD. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF A.P., AT AMARAVATHI. 2.KADHIRI VENKATA PURNIMA, W/0 MARUTHI VARUN, AGED 27 YEARS OCC EMPLOYEE, REP. BY BY HER GPA HOLDER SMT. RAMAIAH, R/0 7-114/2, ANPARTHY PADMAVATHI W/0 CHEEPURUPALLI STREET, BOBBILI, VIZIANAGARAM DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitloner/accused(S): 1.S AV RATNAM Counsel for the Respondent/complainant(S): 1. PADMAJA KATTUNGA 2 2. PUBLIC PROSECUTOR The Court made the following: COMMON ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Petitioners / Accused Nos.1 to 5, seeking quashment of the proceedings against them in C.C.No.293 of 2025 on the file of the Court of I Additional Civil Judge (Junior Division), Bobbili for the offences under Section 85 of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. I.A.Nos.1 to 3 of 2025 are filed by Respondent No.2/De facto complainant seeking permission to compound the offences and the matter with the Petitioners. 3. Petitioners / Accused Nos.1 to 5 and the G.P.A holder of Respondent No.2 appeared before this Court and were identified by their respective learned counsel. Respondent No.2 appeared through Video Conference. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. Learned Assistant Public Prosecutor is in attendance. Both parties would submit that they came to an amicable settlement and Respondent No.2/De facto complainant through her GPA Holder, would submit that, at the intervention of elders and well-wishers on both sides, the parties have resolved the differences. Since Petitioner No.1 and Respondent No.2 came to the conclusion that the marriage between them is irretrievably broken down, they decided to take divorce by mutual consent and the 2. compromise 4. 5. 3 Petitioners agreed to pay a sum of Rs.6,00,000/- to Respondent No.2 towards permanent alimony. As such, Respondent No.2 intends to withdraw the case against the Petitioners. The present case has been lodged based on the matrimonial disputes between the parties and Respondent No.2 filed her affidavit wherein it was stated that she is intending to withdraw the case against the Petitioners in view of the amicable settlement between them. Considering the submissions, in terms of the compromise arrived at by the parties, and in the interest of justice, l.A.Nos.1 to 3 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the case against the Petitioners / Accused Nos.1 to 5 in C.C.No.293 of 2025 on the file of the Court 6. 7. of I Additional Civil Judge (Junior Division), Bobbili, is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand SD/- K.KASIRAO ACHARI ASSISTANT REGISTRAR closed. //TRUE COPY// SECTION OFFICER To, 1. The I Additional Civil Judge (Junior Division), Bobbili, Vizianagaram District 2. One CC to Sri S.A.V.Ratnam Advocate [OPUC] 3. One CC to Padmaja Kattunga, Advocate [OPUC] 4. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 5. Two CD Copies GPC TAC * (Alongwith Joint Compromise Memo enclosed in I.A.No,2 of 2025 to the addresses.) HIGH COURT DATED; 18/09/2025 COMMON ORDER: I.A.N0S. 1 TO 3 OF 2025 IN/AND CRLP NO. 9729 OF 2025 o s t nr.T im mu crj ■5s I.A.N0S. 1 TO 3 ARE ALLOWED ALLOWING THIS CRIMINAL PETITION 18 r JOINT MEMO IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT :: VIZIANAGARAM Crl.P /2025 BETWEEN; 1. Kadhiri Mamthi Varun,S/o VenkataRamana Rao,Aged: 27 years, R/o 9-3-38,Abdul Razak Street, Secunderabad. 2. Kadhiri Venkata Ramana Rao,S/o late Nagappa, Aged; 54 years, R/o 9-3-38, Abdul Razak Street,Secunderabad. 3. Kadhiri Venkata Lalitha Kumari,W/o Venkata Ramana Rao,Aged50 years, R/o 9-3-38, Abdul Razak Street,Secunderabad. 4. Kadhiri Vasudha,W/o Maganti Vishnu Teja,aged29 years, R/o Flat No.403, Sai Sadan Apartment,beside SBI Bank, SR Nagar,VIZIANAGARAM. 5. Maganti Srinivas Vishnu TejaS/o Maganti Narasimha sharma, age ; 33years, Occ: private employee,R/o Flat No.403, Sai Sadan Apartment, beside SBI Bank, SR Nagar,VIZIANAGARAM. ...Petitioners/Accused 1 to 5 AND Smt. Kadhiri Venkata Purnima W/o Maruthi Varun,Aged 27 years, Occ: Employee,Rep. by by her GPA holder, Smt. Anparthy PadmavathiW/o Ramaiah, R/o 7-114/2, Cheepurupalli Street,Bobbili, Vizianagaram District. ...Respondent/Complainant 1. It is submitted that the First Petitioner and Second Respondent are the legally wedded wife and husband and their marriage was solemnized on 10-08-2022 at Bobilli at TTD Kalyana Mandapam as per Hindu Rites and Customs. The marriage is an arranged marriage. Due to incompatibility and emotional indifferences between the Petitioner No.l and the 2"^^ Respondent could not lead happy married life anymore from day one of marriage and the marriage is not consummated. 2. Whereas, the 2^^^ Respondent left to Luxembourg in Europe in August, 2023 without intimation to the Accused. 3. The 2"*^ Respondent herein lodged a Complaint before the P.S. Bobbili Town for the alleged offence under Sec.85 of Bharatiya Nyaya Sanhita r/w. 3 and 4 of nd Respondent, the P.S Bobbili Town DP Act. Basing on the report of the 2 registered the crime vide FIR No.212/2024 and the same is culminated into r 19 CCNo.293 of 2025 on the file on the file of the Principal Civil Judge uni or V- f division) after filing of the Charge Sheet. Petitioner filed O.P.561/2023 before the Hon'ble Family Court St 4. The 1 Secunderabad against the 2"^^ Respondent seeking divorce and the O.P. is pending for adjudication. Whereas, at the intervention of the elders and well wishers, the matter was compromised between the Petitioners and the 2'"'^ Respondent. The Petitioner and 2^^ Respondent came to a conclusion that the marriage is irretrievably broken down and there is no chance of reunion and they decided to take divorce by mutual consent. It is mutually agreed that the Petitioners has to pay an amount of 5. Rs.6,00,000/- towards permanent alimony to the 2^^^ Respondent. It is also mutually agreed that the 2^^ Respondent has to cooperate with the Petitioners in getting the I ^ ^ A " C C No 293 of 2025 on the file of the Pn-acipaf Civil Judge (Junior division)^ quashed. Hence this Joint Memo. AMARAVATHI, £-?;0?.2024 1®' Petitioner u-/\ Petitioner 3'^ Petitioner il 4''Tetitioner I 4c f GPA holder'of P^'^fespWri'^ent