POTHUGUNTLA SRINIVAS v. THE STATE OF ANDHRA PRADESH
CRLP/2234/2025 · 2025-03-19
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8828 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8828 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N I.A.Nos.a. 4 & 5 of 2025 in/and CRIMINAL PETITION No.2234 of 2025 CRIMINAL PETITION No.2234 of 2025 Between; Pothuguntia Srinivas, S/o. Pothuguntia Krishna Murthy, aged about 29 years R/0.7 th line, Brundavan Gardens, Guntur, presently residing at 504, CARMACK DR, PLANO, TX 75075, USA. ...Petitioner/Accused AND
1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court, Amaravati. 2. Kamineni Rahithya, D/o. Kamineni Srinivas, aged 29 years, R/o. Venkatapalem Village, Thulluru Mandal, Guntur. ...Respondents Petition under Section 528 of BNSS (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 quash the proceedings in CC No.418/2022 on the file of Hon'ble Additional Junior Civil Judge, Mangalagiri, Guntur District. I.A. NO; 2 OF 2025 Petition under Section 528 of BNSS (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 including the presence of the petitioner in CC No.418/2022 on the file of Hon'ble Additional Junior Civil Judge, Mangalagiri, Guntur District. 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 permit the father of the Petitioner Potuguntia Krishna Murthy to represent on behalf of the Petitioner in the Compromise Petition and other proceedings and to pass appropriate orders. I.A. NO: 4 OF 2025 Petition under Section 320(6) R/w 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 permit the Petitioner/ Accused and 2 Respondent/De-facto Complainant to compromise the case with the shall quash C.C.No.418 of 2022 on the file of the Additional Junior Civil Judge, Mangalagiri, Guntur District., for the offences under Sections 498(A), R/\N.34 IPC and Section 3 & 4 of Dowry Prohibition Act in the present case.
I.A, NO: 5 OF 2025 Petition under Section 320(2) R/w 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 record Compromise between Petitioners and 2"'^ Respondent in terms of Joint Memo and to pass the proceedings in C.C.418/2022 on the file of Additional Junior Civil Judge, Mangalagiri and to pass appropriate orders. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Sravan Kumar Mannava, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri R Satish Babu, Advocate for the Respondent No.2. The Court made the following: nd
1 APHC010096372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m [3457] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2234/2025 Between: ...PETITIONER/ACCUSED Pothuguntla Srinivas AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S) and Others Counsel for the Petitioner/accused:
1.SRAVAN KUMAR MANNAVA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2 THE HONOURABLE SRI JUSTICE HARINATH.N lA Nos.3. 4and 5of 2025 in/and Criminal Petition No:2234 of 2025 The Court made the following Common Order: The Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhitha, 2023 by the petitioner herein to quash the proceedings initiated against them in Crime No.261 of 2021 registered for the offence punishable under Sections 498-A of I PC, Sections 3 & 4 of DPA, 1961 read with 34 of I PC by Thullur Police Station, Guntur District. 2. The de facto complainant filed I.A.Nos.3, 4 and 5 of 2025, duly enclosing a Joint Memo entered between the petitioner as well as de facto complainant on 17.03.2025. It is stated that at the intervention of elders on both sides, the petitioner and the de facto complainant have arrived at an understanding and the matter has been settled between them. 3.
Learned counsel for the petitioner and
learned counsel representing for the unofficial respondent No.2 {de facto- complainant) and learned Assistant Public Prosecutor representing respondent No. 1/State are present.
3 petitioner is taken up, Today, when the matter herein/Accused No.1 and 2
4. nd respondent herein are present before this Court. They produced their respective Aadhar cards in proof of their identity. Learned counsel for the petitioner and the nd respondent have identified the parties in
learned counsel for 2 the open Court. 5. This Court has questioned 2^*^ respondent herein/de facto complainant with regard to compromise, and she categorically stated to that extent that she has voluntarily entered into compromise with the petitioner herein/ Accused No.1. This Court is satisfied with the identification of the parties and voluntariness in arriving at the compromise. Since, the parties entered into settlement and compromise, the Criminal Petition is allowed and therefore, the proceedings in Crime No.261 of 2021 on the file of Thulluru Police Station, Guntur District, against the petitioner herein/Accused No.1 is hereby quashed. Accordingly, l.A.Nos.3, 4 and 5 of 2025 and Criminal Petition No.2234 of 2025 are allowed. 6. 7. 4 As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// OFFICER SEC To
1. The Additional Junior Civil Judge, Mangalagiri, Guntur District. 2. The Station House Officer, Thulluru Police Station, Guntur District. 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravati [OUT]
4. One CC to Sri Sravan Kumar Mannava, Advocate [OPUC]
5. One CC to Sri R Satish Babu, Advocate [OPUC]
6. Three CD Copies. (*along with the Joint Compromise Memo in I.A.No.5 of 2025 in CRLP No.2234 of 2025) TK gi
HIGH COURT TK DATED:19/03/2025 COMMON ORDER I.A.Nos.3, 4 & 5 of 2025 in/and CRLP.No.2234 of 2025 W ^ Cuw*nl SealUw ALLOWING THE I.A.Nos.3, 4 & 5 of 2025 AND ALLOWING THE CRIMINAL PETITION
r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI I.A. No. S OF 2025 IN CRL.P.No.2234 OF 2025 BETWEEN: Pothuguntia Srinivas S/o Pothuguntia Krishna Murthy, aged about 29 years, R/o.7*'^ line, Brundavan Gardens, Guntur, presently residing at 504, CARMACK DR, PLANO, TX 75075, USA. . . . Petitioner/Accused No.1 AND
1. The State of Andhra Pradesh Rep. by its Public Prosecutor, High Court, Amavarathi ... Respondent
2. Kamineni Rahithya, D/o Karaineni Srinivas, aged 29 years, R/o Venkatapalem Village, Thulluru Mandal. Guntur ...2"‘^Respondent / De-facto Complainant JOINT MEMO It is submitted that the petitioiier along with three others are being prosecuted as Accused in C.C.No.418 of 2022 on the file of Addl. Junior Civil Judge, Mangalagiri, Guntur District, for the alleged offences under Sections 498(A) R/w.34 of IPC and Sections 3 & 4 of Dowiy Prohibition Act. 1. submitted that the Petitioner/ Accused No.1 and husband and wife
2. It is Respondent-2/De-facto Complainant were respectively.
respondent / de-facto nd It is submitted that the 2
3. complainant lodged a police report on 17.08.2021 averring that the petitioner / Accused No.1 married her on 30-05-2021, Softvi/are Engineer and at the time of who is working as marriage, parents of the 2'^'" respondent/ de-facto complainant Ten Lakhs Rupees, one diamond ring, one gold ring, one gave bracelet, one gold chain as dowry and the parents of Petitioner Accused No.1 herein promised to send the 2'"'^ respondent / / de-facto complainant to America along with her husband - Petitioner/AI. But when she went home for Ashadam (A month in which newly married couplestay apart in their respective that her know she came to House), parents’ husband/petitionerbooked his ticket to leave to America on 22- 08-2021 alone. When the same respondent / defacto-complainant and her parents were threatened by the petitioner and other accused. It is further stated that the petitioner/accused -1 herein along with other accused are torturing her by demanding her to register an agricultural land in the name of petitioner / Accused No.1. Based on the said report, LW7 registered an FIR in Cr.No.261 against the petitioner and others on 17.08.2021 at for the alleged offence U/Secs.498A R/w.Sec.34 of nd questioned, the 2 was of 2021 16.00 hrs IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. 4. The Petitioner submits that after registering the Crime, the police filed a charge sheet against the Petitioner / Accused
c No.1 and others and the same is numbered as CC 418/2022 on the file of Junior Civil Judge, Mangalagiri and the same is pending adjudication. Meanwhile, at the intervention of elders nd Respondent, they and well-wishers of the petitioner and 2 decided to settle the issues amicably. The 2'^'^ respondent / de- facto complainant agreed to withdraw the aforesaid criminal complaint lodged against petitioner/Accused No.1 and his family members pending on file of the Addl.
Junior Civil Judge, Respondent humbly nd Mangalagiri,Guntur District. The 2 submits that continuation of Criminal Proceedings would cause great hardship. It is submitted that the 2"'^ respondent / de- facto complainant filed her affidavit stating that she has no objection to withdraw the case in view of the compromise effected between them. Petitioner and the 2^^* Respondent filed petition to compound the offences and quash the proceedings pending against the petitioner / Accused -1 and others. The petitioner and the 2'^''respondent humbly submit that continuation of Criminal Proceedings would cause great hardship. The 2"^ respondent / de-facto complainant already filed DVC 49/2021 on the file of Addl. Judicial Magistrate of Class cum Civil Judge (Junior Division), Mangalagiri and the same is dismissed as matter settled out of court. Further the 2"^ respondent also filed FCOP on the file of family court, Guntur and obtained divorce from the petitioner. The 2 respondent/de-facto complainant is no more interested to prosecute the case further. 5. nd In the above circumstances, both the parties have approached this Hon’ble Court to quash the proceedings in
6. V C.C.No.418 of 2022 on the file of the Addl. Junior Civil Judge Mangalagiri, Guntur District.Hence, the present joint memo. Hence, this Joint Memo. Amaravati DATE: 17.03.2025 . For Petitioner ^— GPA Agent J Counsel for Petitioner Petitioner '7 L
“ V Counsel for Respondent-2 Respondent -2