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2025 DAILYLAW 56665 (AP)

Komatla Venkata Rajesh Reddy v. The State of Andhra Pradesh

CRLP/11281/2025 · 2025-11-03

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010581192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos. 11281 & 6937 of 2025 CRIMINAL PETITION NO: 11281/2025: Between: 1. KOMATLA VENKATA RAJESH REDDY, S/O. KOMATLA SIVA RAMA REDDY, AGED ABOUT 36 YEARS, OCC DOCTOR R/O.FLAT G-6, AMULYA TOWERS, SAIBABA RAOD CHANDRAMOULINAGAR, GUNTUR-522007 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT BUILDINGS, AMARAVATI. 2. KOMATLA ALIAS YELLATURI SIVA ROJA, W/O. VENKATA RAJESH REDDY, OCC NEURO DOCTOR NEUROLOGIST,PRESENTLY RESIDING AT STAFF QUARTERS, AMRITHA HOSPITALS, FARIDABAD,NEW DELHI-121002.PERMEANT RESIDENT OF R/O.4- 5-82/10, 5 LINE KORITEPADU, GUNTURTOWN, GUNTUR DISTRICT - 522007 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. V R REDDY KOVVURI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 CRIMINAL PETITION No: 6937/2025: Between: 1. NADIKATTU PEERAMMA ALIAS RAMADEVI ALIAS KOMATLA RAMADEVI, W/O SIVA RAMA REDDY, OCC HOUSE WIFE 2. KOMATLA SIVA RAMA REDDY, S/O VENKATAPPAIAH OCC RETD., GOVT. EMPLOYEE ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF AP, REP., BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, AMARAVATHI 2. KOMATLA ALIAS YELLATURI SIVA ROJA, WO K.VENKATA RAJESH REDDY, OCC DOCTOR R/O 4-5-82/10, 5TH LINE, KORITEPADU, GUNTUR TOWN, GUNTUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. V R REDDY KOVVURI Counsel for the Respondent/complainant(S): 1. 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos. 11281 & 6937 of 2025 COMMON ORDER: The instant Criminal Petitions under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) have been filed by the Petitioners/Accused Nos.1 to 3, seeking to quashment of proceedings pending against them in C.C.No.898 of 2022 on the file of Court of the V Additional Judicial Magistrate of First Class, Guntur, for the offences punishable under Sections 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act. 2. Heard Sri V.R.Reddy Kovvuri, learned counsel for the Petitioners and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing on behalf of the State. 3. Petitioners/Accused Nos.1 to 3 and Respondent No.2/appeared before this Court and were identified by the learned counsel for the Petitioners and the learned Assistant Public Prosecutor. 4. Learned counsel for the Petitioners would submit that this is purely a matrimonial dispute. The parties have entered into compromise before the elders. Learned counsel for the Petitioners would further submit that aggrieved by the interim maintenance granted in favour of the Minor son in F.C.O.P. No.573 of 2022 on the file of Family Court, Guntur District dated 20.03.2025 passed in Crl.M.P.No.202 of 2023, the husband i.e., the accused No.1 preferred Crl.R.C.No.558 of 2025, wherein the matter was referred to mediation, where the parties agreed to settle the issue with certain terms and conditions. The Petitioners/accused have deposited an amount of 4 Rs.70,00,000/- in the name of the minor boy in fixed deposit, showing the mother of the child as guardian. Learned counsel for the Petitioners would further submit that as per the terms, the Respondent No.2 wants to withdraw the present case which is lodged for the offences 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act. 5. The Respondent No.2 appeared before this Court and would submit that in the light of the terms and conditions agreed between them, the Petitioner in Crl.P.No.11281 of 2025 i.e., Accused No.1, has deposited an amount of Rs.70,00,000/- in the name of the minor boy in fixed deposit, showing the mother of the child as guardian. She would submit that she has no objection to quash the case against the Petitioners, since there is no dispute between them, as both the parties agreed to get divorce by mutual consent. She has further submitted before this Court that she has given evidence before the Family Court for getting divorce by mutual consent. 6. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 7. Considering the submissions made by the Respondent No.2, since the husband also deposited the amount in the name of the minor boy as per the terms agreed before the mediation and in the light of the judgment of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another1, since there is an amicable settlement between the parties, these Criminal Petitions are allowed by quashing the proceedings pending against the Petitioners, in C.C.No.898 of 2022 on the file of Court of the V Additional Judicial Magistrate 1 2012(10)SCC 303 5 of First Class, Guntur, for the offences punishable under Sections 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 04.11.2025. UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Nos. 11281 & 6937 of 2025 Dated.04.11.2025 UPS 143 .