\ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2714 OF 2025 Between: 1. Avula Manjunath, S/o. Avula Adi Seshaiah, aged about 34 years, R/o. H.No. 21 Karnataka State. Kale layout, Bengeri, Hubli Town, Dharward District 2. Avula Adi Seshaiah, S/o. Avula Subbanna, aged about 68 years, R/o. H.No. 21, Kale layout, Bengeri, Hubli Town, Dharward District, Karnataka State. 3. Avula Shyamala, W/o. Avula Adi Seshaiah, aged about 62 years, R/o. Kale layout, Bengeri, Hubli Town, Dharward District, H.No. 21 Karnataka State. 4. Avula Kishore, S/o. Avula Adi Seshaiah, aged about 38 years, R/o. H.No. 21 Karnataka State. Kale layout, Bengeri, Hubli Town, Dharward District, ...Petitioners/Accused Nos.1 to 4 AND 1. The State of Andhra Pradesh, Rep. by its Public ProsecutorHigh Court of Andhra Pradesh through Kurnool IV Police Station Kurnool District. ...Respondent No.1/Complainant 2. Pothuraju Bhargavi, W/o. Avula Manjunath, R/o. H.No.81/339/1- b-9, Sree Krishna Colony Near Gooty Petrol Bunk, Kallur Mandal, Kurnool Town, Kurnool District. ...Respondent No.2/De Facto Complainant Petition under Section 482 of Cr.P.C and 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 quash the proceedings against the Petitioners / Accused No.1 to 4 herein in C.C.No.821 of 2024 on the file of Judicial First Class Magistrate, Special Mobile Court, Kurnool. I.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 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 in C.C.No.821 of 2024 dated 02.03.2024 on the file of Judicial First Class Magistrate, Special Mobile Court, Kurnool, pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sai Saran Chodisetty, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent No.1 and none appeared for the Respondent No.2. on The Court made the following: 1 HN,J Crip.No.2714 _2025 APHC010122372025 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: 2714/2025 Between: Avula Manjunath and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1.SAI SARAN CHODISETTY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR / 2 HN, J Crlp.No.2714_2025 The Court made the following Order: The learned counsel for the petitioners submits that the notice was served on the 2'^^ respondent, and proof of service has been filed. Notice was served on the 2"^^ respondent on 24.03.2025. respondent. 1. nd There is no representation by the 2 The learned counsel for the petitioners submits that the 2^^ respondent has filed a false complaint on 08.02.2024, alleging an offence under Section 498-A read with Section 134 of the IPC. 2. The 1®* accused and the 2 respondent had obtained a mutual consent divorce from the Principal Judge Family Court, Hubballi, in MC.No.354 of 2023, on 29.09.2023. nd It is submitted that in the proceedings for mutual consent divorce, the petitioner and the 2"^^ respondent stated that they had not been residing together under one roof since 15.05.2021. However, in the complaint filed against the petitioners by the 2"^ respondent, it is falsely stated that the 2"^^ respondent left the house of the 1®‘ accused on 29.01.2024. 3. St 4. When the 1 accused and the 2'^^ respondent were already granted divorce by mutual consent, there would have been no occasion for the 2"^^ respondent to reside under one roof along with the petitioners. Considering the same, C.C.No.821 of 2024, on the file of the Judicial I Class Magistrate, Special Mobile Court, Kurnool, is hereby quashed against the petitioners. 5. 3 HNJ Crlp.No.2714_2025 6. Accordingly, the Criminal Petition is allowed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// S^CrSfToFFICER To, 1. The Judicial First Class Magistrate, Special Mobile Court, Kurnool. One CC to Sri. Sai Saran Chodisetty, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of Andhra Pradesh Three CD Copies 2. 3. [OUT] 4. Pmg sree HIGH COURT DATED:01/05/2025 ORDER CRLP.No.2714 of 2025 ALLOWING THE CRIMINAL PETITION