APHC010500682026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE 22 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8421/2026 Between: 1. ADDALA NAGA VEERA VENKATA SATISH, S/O. DHANA CHANDRA RAO, AGED 32 YEARS, 76,LAKKUVARI THOTA, RAMANNAPALEM VILLAGE, MANDAL, WEST GODAVARI DISTRICT 2. ADDALA SRIDEVI VARALAKSHMI, W/O. DHANA CHANDRA RAO, AGED 46 YEARS, OCC HOUSEWIFE, R/O. D.NO. 13 THOTA, RAMANNAPALEM VILLAGE, GODAVARI DISTRICT 3. ADDALA DHANA CHANDRA RAO, S/O. VEERA VENKATA SATYANARAYANA, AGED 49 YEARS, OCC AGRICULTURE, D.NO. 13-76, LAKKUVARI THOTA, MOGALTUR MANDAL, 4. MEKA BALA BHAVANI, W/O. MEKA V.V.DURGA HARISH, YEARS, OCC PRIVATE EMPLOYEE,R/O. PATHA RAMANNAPETA, MACHILIPATNAM, KRISHNA DISTRICT 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF AP AT AMARAVATI. 2. ADDALA PADMINI ALIAS MEDIDA PADMINI, W/O. ADDALA NAGA VEERA VENKATA SATISH, EMPLOYEE, R/O. D.NO. 4 AMALAPURAM TOWN AND MANDAL, IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8421/2026 ADDALA NAGA VEERA VENKATA SATISH, S/O. DHANA CHANDRA RAO, AGED 32 YEARS, OCC PRIVATE EMPLOYEE, R/O. D.NO. 13 76,LAKKUVARI THOTA, RAMANNAPALEM VILLAGE, MOGALTUR MANDAL, WEST GODAVARI DISTRICT -534280 ADDALA SRIDEVI VARALAKSHMI, W/O. DHANA CHANDRA RAO, OCC HOUSEWIFE, R/O. D.NO. 13-76, LAKKUVARI THOTA, RAMANNAPALEM VILLAGE, MOGALTUR MANDAL, WEST DISTRICT -534280. ADDALA DHANA CHANDRA RAO, S/O. VEERA VENKATA AGED 49 YEARS, OCC AGRICULTURE, LAKKUVARI THOTA, RAMANNPALEM VILLAGE, MOGALTUR MANDAL, WEST GODAVARI DISTRICT -534280. MEKA BALA BHAVANI, W/O. MEKA V.V.DURGA HARISH, YEARS, OCC PRIVATE EMPLOYEE,R/O. PATHA RAMANNAPETA, MACHILIPATNAM, KRISHNA DISTRICT - 521001 ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC HIGH COURT OF AP AT AMARAVATI. ADDALA PADMINI ALIAS MEDIDA PADMINI, W/O. ADDALA NAGA VEERA VENKATA SATISH, AGED 29 YEARS, OCC PRIVATE R/O. D.NO. 4-4-91/1, KURASALA VARI STREET, AMALAPURAM TOWN AND MANDAL, DR. B.R. AMBEDKAR IN THE HIGH COURT OF ANDHRA PRADESH [3504] THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM ADDALA NAGA VEERA VENKATA SATISH, S/O. DHANA CHANDRA OCC PRIVATE EMPLOYEE, R/O. D.NO. 13- MOGALTUR ADDALA SRIDEVI VARALAKSHMI, W/O. DHANA CHANDRA RAO, LAKKUVARI MOGALTUR MANDAL, WEST ADDALA DHANA CHANDRA RAO, S/O. VEERA VENKATA AGED 49 YEARS, OCC AGRICULTURE, R/O. RAMANNPALEM VILLAGE, 534280. AGED 29 YEARS, OCC PRIVATE EMPLOYEE,R/O. PATHA RAMANNAPETA, ACCUSED(S) THE STATE OF ANDHRA PRADESH, REPRESENTED BY PUBLIC ADDALA PADMINI ALIAS MEDIDA PADMINI, W/O. ADDALA NAGA AGED 29 YEARS, OCC PRIVATE ASALA VARI STREET, DR. B.R. AMBEDKAR 2 MRK,J Crl.P.No.8421 of 2026 KONASEEMA DISTRICT - 533201. ...RESPONDENT/COMPLAINANT(S): 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 pleased to call for the records pertaining to D.V.C.No.11 of 2026 on the file of the 1st Additional 1st Class Magistrate, Amalapuram and quash the same against the petitioners and pass IA NO: 1 OF 2026 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 Copy of D.V.C.No.11 of 2026 on the file of the 1st Additional 1st Class Magistrate, Amalapuram and pass IA NO: 2 OF 2026 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 including appearance of the Petitioners/Respondent Nos. 1 to 4 in D.V.C.No.11 of 2026 on the file of the 1st Additional 1st Class Magistrate, Amalapuram and pass Counsel for the Petitioner/accused(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 MRK,J Crl.P.No.8421 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein/respondent Nos.1 to 4 therein, seeking to quash the proceedings in D.V.C.No.11 of 2026 on the file of the I Additional I Class Magistrate, Amalapuram, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. 2. Heard learned counsel for the petitioners and Mr. K.Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners herein before the trial Court by submitting petitioners’ practical constraints in attending before the trial Court and states that petitioners shall not dispute their identity at a later stage of proceedings. 4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against the petitioners herein and truth or otherwise of the said accusations has to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. So far as dispensing with the presence of the petitioners, before the trial Court, he has not opposed the same. 4 MRK,J Crl.P.No.8421 of 2026 5. Since there are specific accusations that have been made as against the petitioners herein, which are all disputed questions of fact, the same can be decided during the course of trial, and this Court, in a petition filed under Section 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not be in a position to conduct roving enquiry into the disputed questions of fact and quash the proceedings at this stage. 6. In this context, it is apt to note the dictum held in State of Uttar Pradesh and Another Vs. Akhil Sharda and Others1, by the Apex Court in its vivid terms in the following way: 7. Having gone through the impugned judgment and order passed by the High Court by which the High Court has set aside the criminal proceedings in exercise of powers under Section 482 Cr.P.C., it appears that the High Court has virtually conducted a mini trial, which as such is not permissible at this stage and while deciding the application under Section 482 Cr.P.C. As observed and held by this Court in a catena of decisions no mini trial can be conducted by the High Court in exercise of powers under Section 482 Cr.P.C., jurisdiction and at the stage of deciding the application under Section 482 Cr.P.C., the High Court cannot get into appreciation of evidence of the particular case being considered. 7. In Vishal Shah Vs. 7. In Vishal Shah Vs. Monalisha Gupta & Ors.2, Hon’ble Apex Court has observed that there is no requirement for the personal appearance of any party in the proceedings under the Domestic Violence Act, 2005, because they are quasi-criminal in nature and do not entail any penal consequences, 12022 LiveLaw (SC) 594 22025 Live Law (SC) 240 5 MRK,J Crl.P.No.8421 of 2026 except when there is a breach of a protection order, which is the only offence provided under Section 31 of the Domestic Violence Act, 2005. 8. Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners herein. However, due to ground realities submitted by the counsel for the petitioners, presence of petitioners herein/respondent Nos.1 to 4 before the I Additional I Class Magistrate, Amalapuram, in D.V.C.No.11 of 2026 is hereby dispensed with, except on those dates when the learned trial Court feels that their presence is necessary. In the event of failure of the petitioners to appear, when the trial Court specifically directs, this Order shall stands automatically revoked, without recourse to this Court. 9. Accordingly, the Criminal Petition is disposed of. 10. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 22.09.2026 MDP