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2025 DAILYLAW 5615 (AP)

DR.JITTA SRAVYA REDDY v. THE STATE OF ANDHRA PRADESH

CRLP/791/2023 · 2025-01-08

B V L N Chakravarthi

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI I.A.Nos.1 & 2 of 2024 IN/AND CRIMINAL PETITION No.791 of 2023 CRIMINAL PETITION No.791 of 2023 Between: Dr.Jitta Sravya Reddy, W/o. Vinay Reddy, Aged about 35 years, R/o. Flat No. 133/a, Srinilayam, 5*'' Cross, 28‘^ Main Road, HSR Layout, Sector-I, Bangalore, Karnataka State. (A-4) ...Petitioner/Respondent AND 1. The State of Andhra Pradesh, Rep. by its The SHO, Women Police Station, Guntur, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent 2. Sanikommu Tulasi Niharika, W/o. Gudur Krishna Sahit Reddy, D/o. Sanikommu Venkata Reddy, Aged about 26 years, R/o. D.No.5-67- 77/A, 4/20 Brodipet, Guntur, Guntur District. ...Respondent/Complainant 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 call for the records in C.C.No.11 of 2023 on the file of the Court of Special Judicial Magistrate of I Class for Excise, Guntur, Guntur District and quash the same. I.A. NO: 2 OF 2023 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 stay of all further proceedings including appearance of the Petitioner in C.C.No.11 of 2023 on the file of the Court of Special Judicial Magistrate of I Class for Excise, Guntur, Guntur District, pending disposal of the criminal petition. I.A. NO: 1 OF 2024 Between: Sanikommu Tulasi Niharika, W/o. Gudur Krishna Sahit Reddy, D/o. Sanikommu Venkata Reddy, Aged about 26 years, R/o. D.No.5-67- 77/A, 4/20 Brodipet, Guntur, Guntur District. ... Petitioner/2"'' Respondent/ De-facto Complainant AND 1. Dr.Jitta Sravya Reddy, W/o. Vinay Reddy, Aged about 35 years, R/o. Flat No. 133/a, Srinilayam, 5‘^ Cross, 28'^ Main Road, HSR Layout, Sector-I, Bangalore, Karnataka State. (A-4) ...Respondent/ Petitioner/Accused No.4 2. The State of Andhra Pradesh, Rep. by its The SHO, Women Police Station, Guntur, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent No.1 Petition under Section 528 R/w Section 359(2) of BNSS (under Section 320(2) 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 record compromise in C.C.No.11 of 2023 on the file of the Court of Special Judicial Magistrate of I Class for Excise, Guntur, Guntur District, by quashing the same. I.A. NO: 2 OF 2024 Between: Sanikommu Tulasi Niharika, W/o. Gudur Krishna Sahit Reddy, D/o. Sanikommu Venkata Reddy, Aged about 26 years, R/o. D.No.5-67- 77/A, 4/20 Brodipet, Guntur, Guntur District. ... Petitioner/2"'' Respondent/ De-facto Complainant AND 1. Dr.Jitta Sravya Reddy, W/o. Vinay Reddy, Aged about 35 years, R/o. Flat No.133/a, Srinilayam, 5*'^ Cross, 28'^^ Main Road, HSR Layout, Sector-I, Bangalore, Karnataka State. (A-4) ...Respondent/Petitioner/Accused No.4 2. The State of Andhra Pradesh, Rep. by its The SHO, Women Police Station, Guntur, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent No.1 Petition under Section 528 R/w Section 359(6) of BNSS (under Section 320(6) 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 permit the Petitioner/2"'' Respondent/De-facto Complaint to compromise the case with the 1®' Respondent/Petitioner/Accused No.4 shall quash C.C.No.11 of 2023 on the file of the Court of Special Judicial Magistrate of I Class for Excise, Guntur, Guntur District., for the offences under Sections 498(A), 420, 506, 323 IPC and Section 3 & 4 of Dowry Prohibition Act in the present case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S Dilip Jaya Ram, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1 and of Sri Ratan Mohan Medida, Advocate for the Respondent No.2. on The Court made the following: APHC010075982023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 791/2023 Between: 1.DR.JITTA SRAVYA REDDY, , W/0. VINAY REDDY, AGED ABOUT 35 YEARS, R/0. FLAT NO.133/A, SRINILAYAM, 5TH CROSS, 28TH MAIN ROAD, HSR LAYOUT, SECTOR- 1, BANGALORE, KARNATAKA STATE ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, , REP. BY ITS THE SHO, WOMEN POLICE STATION, GUNTUR, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH ATAMARAVATHI. 2.SANIKOMMU TULASI NIHARIKA, W/0. GUDUR KRISHNA SAHIT REDDY, D/0. SANIKOMMU VENKATA REDDY, AGED ABOUT 26 YEARS, / R/0. D.NO.5-67-77/A, 4/20 BRODIPET, GUNTUR, GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1.S DILIP JAYA RAM Counsel for the Respondent/complalnant(S): 1.RATAN MOHAN MEDIDA 2. PUBLIC PROSECUTOR (AP) The Court made the following: 2 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI lA Nos.1 and 2 of 2024 in/and Criminal Petition No:791 of 2023 COMMON ORDER: This Criminal Petition, under Section 482 of Cr.P.C. (Section 528 of B.N.S.S., 2023) has been filed on behalf of the petitioner herein/Accused No.4 to quash the proceedings in C.C.No.11 of 2023 on the file of the Special Judicial Magistrate of I Class for Excise, Guntur, Guntur District. 2. Heard learned counsel for the petitioner/Accused No.4 and learned counsel representing for the unofficial respondent No.2 (defacto-complainant) and learned Additional Public Prosecutor representing the State present. Today, when the matter is taken up, petitioner herein/Accused No.4 appeared through V.C. and 2'^^ respondent herein present before this Court. The Aadhaar cards of 3. petitioner/Accused No.4 and 2'^'^ respondent were produced in proof of their identity. Learned counsel for the petitioner/Accu sed nd respondent have No.4 and the learned counsel for the 2 identified both the parties in the open Court. This Court has questioned 2"*^ respondent herein/de facto complainant with regard to compromise, and she categorically 4. 3 stated to that extent that she has voluntarily entered into compromise with the petitioner herein/Accused. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. In view of the compromise between the parties, the chances of conviction are remote and bleak. In the light of judgment of the Hon’ble Apex Court in the case of Gian Singh Vs. State of Punjab & another\ on quashing of criminal case, when the parties entered into 5. settlement and compromise, the Criminal Petition is allowed and therefore, the case proceedings in C.C.No.11 of 2023 on the file of the Special Judicial Magistrate of I Class for Excise, Guntur Guntur District, against the petitioner herein/Accused No.4 is hereby quashed. Accordingly, I.A.Nos.1 and 2 of 2024 and Criminal Petition 6. No.791 of 2023 are allowed. As a sequel thereto, the interlocutory applications, if any, pending in this Criminal Petition shall stand closed. \ I / T / 2012 (9) Scale 257 SD/- M PRABHAKARA RAO assistant registrar //TRUE COPY// SECTION OFFICER of I Class for Excise, Guntur, Guntur To 1. The Special Judicial Magistrate District. 2. The District. 3. Two Amaravathi[OUT] Police Station, Guntur, Guntur Station House Officer, Women High Court of Andhra Pradesh CCs to the Public Prosecutor 4. One CC to Sri S Dilip Jaya Ram, Advocate [OPUC] 5. One CC to Sri Ratan Mohan Medida, Advocate [OPUC 6. Three CD Copies TK sree * along with the Joint Compromise Memo in I.A.No.l of 2024 in CRLP No.791 of2023 HIGH COURT DATED:08/01/2025 COMMON ORDER I.A.Nos.1 & 2 of 2024 in/and CRLP.No.791 of 2023 X 11 FEB 2025 <3, Curreni aecuon »£gSPATCj^^ ALLOWING THE I.A.Nos.1 and 2 of 2024 AND ALLOWING THE CRIMINAL PETITION IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI I.A. NO OF 2024 IN CRL.P.NO. 791 OF 2023 Between: Sanikommu Tulasi Niharika, W/o. Gudur Krishna Sahit Reddy, D/o. Sanikommu Venkata Reddy, Aged about 26 R/o. D.N0.5-67-77/A, 4/20 Brodipet, Guntur, Guntur District. years. ...Petitioner/2'^'^ Respondent/De-facto Complainant AND 1. Dr. Jitta Sravya Reddy, W/o. Vinay Reddy, Aged about 35 years, R/o. Flat No. 133/a, Srinilayam, 5^^ Cross, 28^^' Main Road, HSR Layout, Sector-I, Bangalore, Karnataka State. ... Respondent/Petitioner/Accused No.4^ The State of Andhra Pradesh, Rep. by its The SHO,. Women Police Station, Guntur, Rep.*by-Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. 2. ... Respondent/Respondent No.l JOINT MEMO It is submitted that the Petitioner along with three others is being prosecuted as Accused No.4 in C.C.No.ll of 2023 on the file of the Court of Special Judicial Magistrate of I Class for Excise, Guntur, Guntur District., for the alleged offences under Sections 498(A), 420, 506, 323 IPC and Section 3 & 4 of Dowry Prohibition 1. Act. 2. It is submitted that the Respondent/Petitioner/Accused No.3 is the Sister-in-law of the Petitioner/2 Complainant. nd Respondent/De-facto 3. It is submitted that the Petitioner/2 Complainant herein approached the 2"^ Respondent police herein and lodged a Telugu typed report stating that her marriage is fixed with the Petitioner and performed on 14.11.2019 as per the Hindu customs and rituals at V.P.R. Convention, Nellore. It is stated that immediately after the marriage she went to the maternal house along with the Petitioner at Bangalore. nd Respondent/De-facto Golagamudi Road, It is alleged that due to differences in the conjugal life accusing all the family members of the Petitioner on the count of harassment, tortured by demanding extra dowry and threatened her family. Based on the said allegations the 2"^ Respondent police herein have registered the same as Crime No.106 of 2022. 4. It is submitted that after registering the Crime, the police filed a charge sheet against the Petitioner and the same is pending adjudication. Meanwhile, at the intervention of elders and well- wishers of the Petitioner and the 2"^ Respondent decided to settle the issues amicably. The 2""^ Respondent agreed to withdraw the aforesaid criminal complaint lodged against Petitioner pending file of the Court of Special Judicial Magistrate of I Class for Excise, Guntur, Guntur District. The Petitioner humbly submits that continuation of Criminal Proceedings would cause great hardship. It is submitted that the 2"^^ Respondent filed her affidavit stating that she has no objection to withdraw the on case in view of the Petitioner and the 2""^ Respondent filed petitions to compound the offences and quash the compromise effected between them. proceedings pending against the Petitioner. Court interfere and would be put to great hardship. Unless, this Hon'ble permit them to compound the offences, he 5. The Petitioner and the 2'"'^ Respondent humbly submit that continuation of Criminal Proceedings The 2^^ Respondent filed affidavit to withdraw the CC Respondent is no would cause great hardship. stating that she have no objection pending against the Petitioner. nd The 2 more interested to prosecute the case further. 6. In the above circumstances, both the this Hon'ble Court to quash the the file of the Court of Special Judicial Excise, Guntur, Guntur District. parties have approached proceedings in C.C.No.ll of 2023 Magistrate of I Class for Hence, the present joint memo. on Petitioner/2"^ Respondent/ De-facto Complainant Respondent/Petitioner/ Accused No.4 Counsel for the Petitioner/2'''^ Respondent/De-facto Compla inant Counsel for the Redpondent/Petitioner/Accused No.4