APHC010482692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 9691/2025 Between: 1. SANGANI KRISHNARJUNA, S/O.DHARMARAO, AGED 35 YEARS, R/O.D.NO.5-13-262, SAVITHRI NAGAR, YANAM, PONDICHERRY STATE ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2. SANGANI DEVI, W/O. KRISHNARJUNA, AGED 31 YEARS, R/O. BYRAVAPALEM, I.POLAVARAM MANDAL AND P.S 3. SANGANI RAMA CHARAN, S/O. KRISHNARJUNA, AGED 11 YEARS, R/O. BYRAVAPALEM, I.POLAVARAM MANDAL AND P.S 4. SANGANI VEERAMANIKANTHA, , S/O. KRISHNARJUNA, AGED 9 YEARS, R/O. BYRAVAPALEM, I.POLAVARAM MANDAL AND P.S 5. SANGANI SAKITH VARMA, S/O. KRISHNARJUNA, AGED 6 YEARS R/O. BYRAVAPALEM, I.POLAVARAM MANDAL AND P.S (RESPONDENTS 3 TO 5 BEING MINORS REPRESENTED BY THEIR NATURAL GUARDIAN AND MOTHER - 2ND RESPONDENT) ...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 pleased to call for the records in and relating to Order, dt.23.07.2025 passed in Crl.M.P.No.1892/2025 in Cri.M.P.No.751/2024 in M.C.No.2/2018 on the file of the Court of the Judicial Magistrate of I Class-cum-Civil Judge (Junior Division), Mummidivaram and quash the same and pass 2 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 of all further proceedings in M.C.No.2/2018 on the file of the Court of the Judicial Magistrate of I Class-cum-Civil Judge (Junior Division), Mummidivaram including the release of amount to the 2ND Respondent and pass Counsel for the Petitioner/accused: 1. SODUM ANVESHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 The Court made the following: ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure (for short „Cr.P.C.‟) is filed by the Petitioner seeking the following relief: “ ... to call for the records in and relating to Order, dt.23.07.2025 passed in Crl.M.P.No.1892/2025 in Cri.M.P.No.751/2024 in M.C.No.2/2018 on the file of the Court of the Judicial Magistrate of I Class-cum-Civil Judge (Junior Division), Mummidivaram and quash the same and pass ..” Brief facts of the case are that the marriage of Petitioner and respondent No.2 herein was solemnized on 18.04.2008 at Yanam. During wedlock, they blessed with three male children, who are arrayed as Respondents 3 to 5 herein. Due to disputes, the coupled are living separately since 02.11.2014. Petitioner herein filed HMOP No.5 of 2017 and the same was allowed by the Learned Subordinate Judge, Yanam, vide Order dated 18.10.2023. Respondent No.2(wife) along with respondents 3 to 5 (children) filed MC No.2 of 2018 seeking maintenance, which was allowed by the Learned Judicial First Class Magistrate, Mummidivaram vide Order dated 18.01.2022 granting monthly maintenance of Rs.8,000/- to respondent No.2 herein and monthly maintenance of Rs.4,000/- each to respondents 3 to 5 herein. Petitioner herein filed a private complaint alleging that his house bearing door No.5-13-285, New Colony, Savitrinagar, Yanam was forcibly cut the lock and occupied by his divorced wife (respondent No.2) and she removed his house articles like cot, television, table etc., worth Rs.1,00,000/- and he was thrown out and roaming on roads without shelter. The said complaint was numbered as STC No.241 of 2022. In that case, 4 Learned assistant Sessions Judge-cum-Sub Judge-Cum- Judicial Magistrate, Yanam addressed a letter dated 15.07.2025 to the Social Welfare Officer, Yanam to visit the subject premises, conduct a preliminary enquiry and submit a detailed report to the court on or before 18.07.2025. The Welfare Officer, Yanam, submitted a report dated 21.07.2025, stating that respondent No.2 has been in continuous resident of the said premises for more than ten years by operating a small grocery shop in the premises. Petitioner herein is the beneficiary under ONGC Limited compensation for fishermen. Fisheries Department, Pondicherry sanctioned an amount of Rs.1,50,000/- per year and the said amount is regularly releasing the amount to the beneficiaries. In the above Maintenance Case, Petitioner herein filed three Petitions vide Crl.M.P.Nos.1891, 1892 and 1893 of 2025, seeking to set aside the ex parte order dated 20.02.2024 in Crl.M.P.No.751 of 2024, not to release the amount to the Petitioners in a maintenance case to the respondents herein and to raise the withholding order against the compensation amount to be credited to the Petitioner‟s account. Learned Magistrate vide Common Order dated 23.07.2025 dismissed the three petitions. Seeking quashment of the common order, the present criminal petition is filed by the Petitioner. Heard Ms.Sodum Anvesha, learned counsel for the Petitioner and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent State. Perused the material on record. 5 Learned counsel for the Petitioner would submit that Petitioner and respondent No.2 lived together for the period from 2012.2014 and that now they are separated by a decree of divorce and that the amount was granted towards compensation which cannot be permitted to withhold to pay compensation in the maintenance case. Further, respondent No.2 occupied the house of the Petitioner and living in the said house by running grocery shop. Further, Petitioner has no means and he went to Jail since he could pay the maintenance to the respondents. Further, Respondent No.2 is the beneficiary of differently abled pension scheme. This Court by Order dated 24.10.2025 directed the Registry to get information from the Trial Court about the status of the amount as to whether the amount is lying with the Trial Court or the amount has already been disbursed. The report of the Trial Court dated 25.10.2025, reveals that on the application of Respondents 2 to 5, the Trial Court withhold the amount of Rs.1,50,000/- stood in the name of the Petitioner herein and the amount is not disbursed to the respondents 2 to 5. Petitioner herein is due in due of arrears of maintenance amount which comes to Rs.4,58,000/-. Today, Petitioner and Respondent No.2(wife) appeared before this Court. Respondent No.2 would submit that she has no means to live, she along with children are living separately. On the other hand, learned counsel for the Petitioner would submit that Petitioner along with his elder son (respondent No.3) are living at his parents‟ 6 house and that he has no means to survive himself. Petitioner is taking care of the elder son who is pursuing his Polytechnic course and Respondent No.2 is taking care of the other two children. Learned counsel would submit that compensation amount may be divided into five shares and may be directed to pay the same to the individuals separately. In that view, to meet the ends of justice, Learned Trial Judge is directed to disburse an amount of Rs.90,000/- to the respondent No.2/wife towards arrears of maintenance. Since respondent No.3 is staying with petitioner herein, an amount of Rs.60,000/- shall be paid to Petitioner/Husband i.e., Rs.30,000/- for himself and the remaining Rs.30,000/- shall be kept in fixed deposit in any nationalised bank in the name of respondent No.3 till he attains majority. With the above directions, this Criminal Petition is disposed of. Pending applications, if any, shall stand closed. DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 9691 of 2025 27.10.2025 Mjl /*