SINGANA VIJAYA KUMAR v. THE STATE OF ANDHRA PRADESH
CRLP/1753/2025 · 2025-02-18
Venkata Jyothirmai Pratapa
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7657 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7657 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO- 1753 OF 2025 Between:
1. Singana Vijaya Kumar, S/o. Prakasa Rao, Aged about 37 Raghavendra years, R/o. Bommuru Village, H.No.5-210/1 Colony, Rajamahendravaram Urban, Presently residing Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram East Godavari District at H.No.3-993,
2. Singana Prakasa Rao, S/o. Narayana Murthy, Aged about 63 R/o. H.No.5-210/1, Rajamahendravaram Urban years, Bommuru Village, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District Raghavendra Colony,
3. Singana Manga Devi, , W/o. Prakasa Rao, Aged about 60 Raghavendra years, R/o. Bommuru Village, H.No.5-210/1 Colony Rajamahendravaram Urban, Presently residing Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram East Godavari District at H.No.3-993,
4. Sinagana Narayana Murthy, S/o. Prakasa Rao, Aged about 39 R/o. H.No.5-210/1 Rajamahendravaram Urban, years, Bommuru Village, Presently residing at H.No.3-993, Raghavendra Colony,
Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
5. Dasari Maha Lakshmi, W/o. Satyanarayana, Aged about 32 years, R/o. Pottilanka Village, Kadiam Mandal, East Godavari District ...PETITIONERS / ACCUSED No’s 1 to 5 AND
1. The State Of Andhra Pradesh, Rep. by the Sub-Inspector of Police, Attili Police Station, West Godavari District, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi
2. Akula @ Singana Krishnaveni, W/o. Vijaya Kumar, Aged about 27 years, R/o. D.No. 15-57, Ganesh Mahal Street Attili Village and Mandal, West Godavari District ...RESPONDENTS / COMPLAINANTS Petition under Section 482 of Cr.P.C & 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 call for the records in and relating to P.R.C.No.4/2024 in Cr.No.58/2022 on the file of the Court of II Additional Judicial First Class Magistrate-cum- Civil Judge[Junior Division], Tanuku and quash the same I.A. NO: 1 OF 2025 Petition under Section 320(6) of Cr.P.C, and Section 359 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner herein to file the Compromise Petition in P.R.C.No.4/2024 in Cr.No.58/2022 on the file of the Court of II Additional Judicial First Class Magistrate-cum-Junior Civil Judge, Tanuku.
Between: Akula @ Singana Krishnaveni, W/o. Vijaya Kumar, Aged about 27 years, R/o. D.No. 15-57, Ganesh Mahal Street Attili Village and Mandal, West Godavari District ...PETITIONER / RESPONDENT No.2 AND
1. Singana Vijaya Kumar, S/o. Prakasa Rao, Aged about 37 years, R/o. H.No.5-210/1 Raghavendra Colony, Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
2. Singana Prakasa Rao, S/o. Narayana Murthy, Aged about 63 years, R/o. H.No.5-210/1 Raghavendra Colony, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Bommuru Village, Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
3. Singana Manga Devi, , W/o. Prakasa Rao, Aged about 60 years, R/o. H.No.5-210/1, Raghavendra Colony Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
4. Sinagana Narayana Murthy, S/o. Prakasa Rao, Aged about 39 years, R/o. H.No.5-210/1 Raghavendra Colony Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
5. Dasari Maha Lakshmi, W/o. Satyanarayana, Aged about 32 years, R/o. Pottilanka Village, Kadiam Mandal, East Godavari District ...RESPONDENTS/ PETITIONERS
6. The State Of Andhra Pradesh, Rep. by the Sub-Inspector of Police, Attili Police Station, West Godavari District, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...RESPONDENT / RESPONDENT No.1 I.A. NO: 2 OF 2025 Petition under Section 320(8) of Cr.P.C & Section 359 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise and quash the proceedings against the Petitioners / A1 to A5 in P.R.C.No.4/2024 in Cr.No.58/2022 on the file of the Court of II Additional Judicial First Class Magistrate-cum-Junior Civil Judge, Tanuku. Between: Akula @ Singana Krishnaveni, W/o. Vijaya Kumar, Aged about 27 years, R/o. D.No. 15-57, Ganesh Mahal Street Attili Village and Mandal, West Godavari District ...PETITIONER / RESPONDENT No.2 AND
1. Singana Vijaya Kumar, S/o. Prakasa Rao, Aged about 37 years, R/o. H.No.5-210/1 Raghavendra Colony, Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
2. Singana Prakasa Rao, S/o. Narayana Murthy, Aged about 63 years, R/o. H.No.5-210/1, Raghavendra Colony Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
3.
Singana Manga Devi, H.No.5-210/1 W/o. Prakasa Rao, Aged about 60 years, R/o. Colony Raghavendra Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
4. Sinagana Narayana Murthy, S/o. Prakasa Rao, Aged about 39 years, R/o. H.No.5-210/1 Raghavendra Colony Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
5. Dasari Maha Lakshmi, W/o. Satyanarayana, Aged about 32 years, R/o. Pottilanka Village, Kadiam Mandal, East Godavari District ...RESPONDENTS/ PETITIONERS
6. The State Of Andhra Pradesh, Rep. by the Sub-Inspector of Police, Attili Police Station, West Godavari District, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi ...RESPONDENT / RESPONDENT No.1 I.A. NO: 3 OF 2025 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 all further proceedings in P.R.C.No.4/202 4 in Cr.No.58/2022 on the file of the Court of II Additional Judicial First Class
Magistrate-cum- Junior Civil Judge, Tanuku including appearance of accused This Petition coming bn for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt Sodum Anvesha, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No.1 and of Sri Suragani Krishna Vamsi, Advocate for the Respondent No.2 The Court made the following order:
APHC010079152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 1753 of 2025 Between: Singana Vijaya Kumar and Others ...PETITIONER/ACCUSED(S) AND ...RESPONDENT/COMPLAINANT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused(S):
l.SODUM ANVESHA Counsel for the Respondent/complainant(S):
l.SURAGANI KRISHNA VAMSI
2.
PUBLIC PROSECUTOR The Court made the following:
COMMON ORDER: The criminal petition under Section 482 of the Code of Criminal Procedure, 1973 and Section 528 of BNSS has been filed by the Petitioners / A.l to A.5, seeking quashment of the Proceedings against them in PRC No.4 of 2024 on the file of the Court of II Additional Judicial First Class Magistrate-cum- Junior Civil Judge, Tanuku, for the offences punishable under Sections 498-A and 313 read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. I.A.Nos.l and 2 of 2025 are filed by Respondent Ho.llDe facto Complainant under Section 320 Cr.P.C seeking to compound the offences alleged against the Petitioners/A. 1 to A.5 and to compromise the case in PRC No.4 of 2024 on the file of the Court of II Additional Judicial First Class Magistrate, Tanuku. 2
3. Petitioners / Accused and Respondent No.2 appeared before this Court and were identified by their respective learned counsel. Copies of their Aadhar cards attested by their respective counsel are filed for proper identification. 4. Learned Additional Public Prosecutor is in attendance. 5. The contents of the Joint Memo filed by the Petitioners and Respondent No.2 read as under:
JOINT MEMO FILED BY THE PETITIONERS AND RESPONDENT No.2 1) It is submitted that the Petitioners herein filed the above Quash Petition seeking to quash PRC.No.4/2024 in Cr.No.58/2022 on the file of the Hon'ble Court II Additional Judicial First Class Magistrate-cum-Junior Civil Judge, Tanuku. The Respondent No.2 has lodged the above case against the Petitioners under Sections 498-A, 315 R/w.34 of Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act, 1961, wherein, the Petitioners made as Accused and the matter is pending before the concerned Magistrate. 2) We submit that at the instance of elders and well-wishers, the parties have compromised amicably and the Petitioners and the Respondent No.2 have agreed to settle the dispute pending before Civil and Criminal Courts with the following terms and conditions; a. The Petitioners herein shall deposit an amount of Rs.7,50,000/- towards payment of alirnony to the defacto complainant. It is submitted that an FDR bearing No.0858023 is already generated for the said amount in the names of Komati Nageswara Rao, Rajendra Prasad Kakita.
b. Upon the said condition of deposit, the defacto complainant-wife agreed for grant of divorce in H.M.O.P.No.112/2024 on the file of the Court of the Hon'ble Civil Judge (Senior Division), Tanuku. c. Further both the parties have agreed to withdraw criminal cases filed against each other in different Police Stations. It is submitted that all of us have come to a conclusion to settle the present Crime No.58/2022 on the were
3 file of the Attili Police Station, West Godavari District, before this Hon'ble Court, d. After this Hon'ble Court allows the Compromise Memo, the elders would give the said amount to Respondent No.2. As such we have filed a petition seeking the Hon'ble Court to record the compromise. The contents mentioned in the said Compromise Petition are true and correct to the best of our knowledge and belief. The said compromise is entered with free will and consent and without any coercion. Hence, we are filing the present Joint Memo. It is therefore prayed that this Hon'ble Court may be pleased to permit the Petitioners and Respondent No.2 herein to compound the offences with the Respondent No.2 / Petitioners herein by recording compromise and by allowing the Criminal Petition filed by the Petitioners against FIR No.58/2022 of Attili Police Station, West Godavari District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. 6. Considering the submissions, in the interests of justice, I.A.Nos.l and 2 of 2025 are allowed. Consequently, the Criminal Petition is allowed and the Proceedings against the Petitioners/A. 1 to A.5 in PRC No.4 of 2024 on the file of the Court of II Additional Judicial First Class Magistrate-cum-J unior Civil Judge, Tanuku, are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed Sd/- SHAIK MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// pr §(_ ‘ SECTION OFFICER D«“u t^unior
2. One CC to Smt Sodum Anvesha, Advocate [OPUCl . ne CC to Sri Suragani Krishna Vamsi, Advocate fOPUCl ^ Of a.
5.
Three CD Copies Petitioners Na2 in lA No.2 of 2025 in CRLP No. 1753 OF 2025 To, and Respondent
HIGH COURT DATED: 18/02/2025 COMMON ORDER lA No’s 1 & 2 OF 2025 IN /AND CRLP.No.1753 of 2025 I 2 1 MAR 2025 | Current Section O ALLOWING lA No’s 1 & 2 OF 2025 IN / AND CRLP 1753 OF 2025
T Jd/NT MEMORANDUM OF CRIMINAL MISCELLANEOUS PETITION (UNDER SECTION 320 OF CR.P.C. & SECTION 359 BNSS) IN THE HON’BLE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI I.A.No.
OF 2025 IN CRL.P.No.
OF 2025 BETWEEN:
1. Singana Vijaya Kumar, S/o. Prakasa Rao Aged about 37 years, R/o. H.No.5-210/1, Raghavendra Colony, Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
2. Singana Prakasa Rao, S/o. Narayana Murthy, Aged about 63 years, R/o. H.No.5-210/1, Raghavendra Colony, Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
3. Singana Manga Devi, W/o. Prakasa Rao, Aged about 60 years, R/o. H.No.5-210/1, Raghavendra Colony, Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
4. Sinagana Narayana Murthy, S/o. Prakasa Rao, Aged about 39 years, R/o. H.No.5-210/1, Raghavendra Colony, Bommuru Village, Rajamahendravaram Urban, Presently residing at H.No.3-993, Moodugula Street, Nagireddy Nagar, Hukumpeta, Rajamahendravaram, East Godavari District
5. Dasari Maha Lakshmi, W/o. Satyanarayana, Aged about 32 years, R/o. Pottilanka Village Kadiam Mandal, East Godavari District AND ... Petitioners / Accused Nos.1 to 5 i I
1. The State of Andhra Pradesh, Rep. by the Sub-Inspector of Police, Attili Police Station, West Godavari District, Rep. by the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi
2. Akula @ Singana Krishnaveni, W/o. Vijaya Kumar, Aged about 27 years, R/o. D.No.15-57, Ganesh Mahal Street, Attili Village and Mandal, West Godavari District ...
Respondents / Complainants JOINT MEMO FILED BY THE PETITIONERS AND RESPONDENT No.2 It is submitted that the Petitioners herein filed the above Quash Petition seeking to quash PRC.No.4/2024 in Cr.No.58/2022 on the file of the Hon ble Court II Additional Judicial First Class Magistrate-cum-Junior Civil Judge, Tanuku. The Respondent No.2 has lodged the above against the Petitioners under Sections 498-A, 315 R/w.34 of Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act, 1961, wherein, the Petitioners were made as Accused and the matter is pending before the concerned Magistrate. 1) case 2) We submit that at the instance of elders and well-wishers, the parties have compromised amicably and the Petitioners and the Respondent No.2 have agreed to settle the dispute pending before Civil and Criminal Courts with the following terms and conditions; a. The Petitioners herein shall deposit an amount of Rs.7,50,000/- towards payment of alimony to the defacto complainant, it is submitted that an FDR bearing No.0858023 is already generated for the said amount in the names of Komati Nageswara Rao, Rajendra Prasad Kakita. b. Upon the said condition of deposit, the defacto complainant-wife agreed for grant of divorce in H.M.O.P.No.112/2024 on the file of the Court of the Hon’ble Civil Judge (Senior Division), Tanuku. c. Further both the parties have agreed to withdraw criminal cases filed against each other in different Police Stations. It is submitted that all of
US have come to a conclusion to settle the present Crime No.58/2022 on the file of the Attili Police Station, West Godavari District, before this Hon’ble Court, d. After this Hon’ble Court allows the Compromise Memo, the elders would give the said amount to Respondent No.2. As such we have filed a petition seeking the Hon’ble Court to record the compromise. The contents mentioned in the said Compromise Petition are true and correct to the best of our knowledge and belief. The said compromise is entered with free will and consent and without any coercion. Hence, we are filing the present Joint Memo.
It is therefore prayed that this Hon’ble Court may be pleased to permit the Petitioners and Respondent No.2 herein to compound the offences with the Respondent No.2 / Petitioners herein by recording compromise and by allowing the Criminal Petition filed by the Petitioners against FIR No.58/2022 of Attili Police Station, West Godavari District and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Amaravati Date:/3 .2.2025 5- 1 2 3 s 4 5 C^ :he Petitiorfers Petitioners Respondent No.2 /\tX, Counsel for Respondent No.2 i