APHC010116502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2063/2023 Between: 1. SHAIK NASIM, W/O SHAIK MUNEER, AGE. 40 YEARS, OCC. HOUSE WIFE. RIO FLAT NO. 909, REGAL BUILDING, AL GULAYYA, SHARJAH, UNITED ARAB EMIRATES. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF A.P. AT AMARAVATI. 2. SHAIK PARVIN SULTANA, D/O SHAIK SUBHANI, AGE. 40 YEARS, OCC. HOUSE WIFE. R/O 3RD LANE, COBALT PETA, GUNTUR, GUNTUR DISTRICT. AP. ...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 quash the proceedings in C.C. No. 3962 of 2022 in crime No. 164 of 2022 Women PS Guntur, on the file of Spl. Judicial Magistrate of First Class For Prohibition and Excise court Guntur, Guntur District against Petitioner/Accused No 5 for the offences under Sections 498-A, 509 of IPC, Sections 3 and 4 of Dowry Prohibition Act 1961 and section 4 MN sec 3 MWA against Petitioners/Accused No.5 herein and pass IA NO: 1 OF 2023 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 dispense with filing of certified copies of C.C. No. 3962 of 2022 in crime No. 164 of 2022 Women PS Guntur, on the file of Spl. Judicial Magistrate of First Class For Prohibition and Excise court Guntur, Guntur District and pass IA NO: 2 OF 2023 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 all further Proceedings in C.C. No. 3962 of 2022 in crime No. 164 of 2022 Women PS Guntur, on the file of Spl. Judicial Magistrate of First Class For Prohibition and Excise court Guntur, Guntur District as against Petitioners/Accused No 5 for the offences under Sections 498-A, 509 of IPC, Sections 3 and 4 of Dowry Prohibition Act 1961 and section 4 R/W sec 3 MWA against the petitioner/accused no 5 herein pending disposal of the Quash Petition and pass Counsel for the Petitioner/accused: 1. SS RAMA KRISHNA PRASAD Counsel for the Respondent/complainant(S): 1. Dr SAYYED BABU SHAIK 2. PUBLIC PROSECUTOR (AP) Criminal Petition No.2063 of 2023 ORDER: The instant Criminal Petition under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.3962 of 2022 in Crime No.164 of 2022, Women Police Station Guntur, on the file of the learned Special Judicial Magistrate of First Class for Prohibition and Excise Court Guntur, Guntur District against the petitioner/accused No.5 for the offenses punishable under Sections 498-A, 509 of I.P.C., Sections 3 and 4 of Dowry Prohibition Act, 1961 and Section 4 r/w Section 3 of M.W.A. 2. Heard Sri B.H.Rama Krishna Naik, learned counsel for the petitioner, learned Assistant Public Prosecutor appearing for respondent No.1-State and Sri Dr.Sayyed Babu Shaik, learned counsel for the respondent No.2. 3. Learned counsel for the petitioner/accused No.5 would submits that petitioner herein is the younger sister to accused No.1. Accused No.1 is the husband of respondent No.2. On the complaint made by the respondent No.2, a case has been lodged against the husband and his family members for the offences punishable under Sections 498-A of I.P.C. and Section 3 and 4 of Dowry Prohibition Act. 4. Learned counsel would further submit that the marriage of accused No.5 took place in the year 2007 i.e., much earlier to the marriage of accused No.1 and respondent No.2. Petitioner has been residing in U.A.E since then. 5. Learned counsel would further submits that the petitioner has nothing to do with the family affairs of respondent No.2 and accused No.1. 6. Learned counsel finally would submit that no specific allegations are made against the petitioner in the complaint or in the chargesheet. Learned counsel submits that continuation of proceedings against the petitioner is sheer abuse of process of law. 7. Learned Assistant Public Prosecutor would submit that this Court may pass appropriate orders. 8. Learned counsel for the respondent No.2 opposed the petitioner and submits that Court may pass appropriate orders. 9. Considering the submissions made and fair look at the material placed on record, as rightly pointed by learned counsel for the petitioner that no allegations are attributed against the petitioner much less the specific allegations. In the absence of any allegations to attract the offences alleged i.e., Sections 498-A of I.P.C. and Section 3 and 4 of Dowry Prohibition Act against the petitioner, continuing the criminal proceedings against the petitioner is abuse of process of law. 10. In that view, the Criminal Petition is allowed and the case against the petitioner is hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ______________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 13.11.2025 M K K 160 THE HONOURABLE Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No: 2063 of 2023 Date: 13.11.2025 M K K