DESIREDDY VENKATA RAMANA REDDY v. THE STATE OF ANDHRA PRADESH
CRLRC/400/2025 · 2026-09-18
Y Lakshmana Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11535 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11535 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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Dr.YLR, J
Crl.R.C.No.400 of 2025
Dated 19.09.2026
APHC010153212025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL REVISION CASE NO: 400/2025 Between:
DESIREDDY VENKATA RAMANA REDDY, S/O RAMI REDDY, AGED 49 YEARS, KAPU BY CASTE, VANAMTHOPU, KONDAYAPALEM GATE NELLORE TOWN, R/O ANNAMBAKA VILLAGE CHILAKUR MANDAL, SPSR NELLORE DISTRICT
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF AP, AMARAVATHI THROUGH, SHO WOMEN POLICE STATION, NELLORE
2. D LAVANYA, W/O. D. VENKATARAMANA REDDY, AGED ABOUT 51 YEARS, RESIDING AT R/O FLAT NO.531, 3RD BLOCK, 7TH STREET, GANDHI NAGAR, HYDERABAD. RESPONDENT NO.2 IS IMPLEADED AS PER THE COURT'S ORDER DATED 03.07.2026 IN I.A.NO.1 OF 2026 IN CRL.R.C.NO.400 OF 2025.
...RESPONDENT(S): Counsel for the Petitioner:
RAM BABU DEVAVARAPU Counsel for the Respondent(S):
1. PUBLIC PROSECUTOR
2. KURAVATI LENIN BABU
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Dr.YLR, J
Crl.R.C.No.400 of 2025
Dated 19.09.2026
3. LEGAL AID The Court made the following:
ORDER:
The Criminal Revision Case has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for brevity, ‘the Cr.P.C.’), by the petitioner/Accused, challenging the judgment dated 25.11.2024 passed in Crl.A.No.350 of 2016 on the file of the learned Special Judge for Trial of Offences against Women-cum-VIII Additional District and Sessions Judge, Nellore, whereby and whereunder the judgment dated 13.10.2016 in C.C.No.634 of 2010 on the file of the learned V Additional Judicial Magistrate of First Class, Nellore, was modified. The petitioner/Accused was convicted for the offence punishable under Section 498-A of the Indian Penal Code, 1860 (for brevity, ‘the IPC’), and sentenced to undergo rigorous imprisonment for a period of six (06) months.
2. Heard the learned counsel for the petitioner, the learned Assistant Public Prosecutor and the learned Legal Aid Counsel for Respondent No.2.
3. Thoughtful consideration has been given to the submissions advanced by the learned counsel for the parties. I have perused the entire record.
4. Now, the point for consideration is:
“Whether the judgment in Crl.A.No.350 of 2016 dated 25.11.2024 on the file of the learned Special Judge for Trial of Offences against Women-Cum-VIII additional District and Sessions Judge, Nellore, is correct, legal, and proper with respect to its finding, sentence, or
judgment, and there are any material irregularities? And to what relief?”
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Dr.YLR, J
Crl.R.C.No.400 of 2025
Dated 19.09.2026
5. As seen from the record, the petitioner/sole accused and Respondent No.2 are wife and husband. Respondent No.2 lodged a complaint against the petitioner, which was registered as Crime No.45 of 2020 for the offence punishable under Section 498-A of ‘the IPC’. After completion of the investigation, the charge sheet was filed and the case was taken on file. Upon completion of the trial, the learned Trial Court convicted the petitioner for the offence punishable under Section 498-A of ‘the IPC.,’, and sentenced him to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/-.
6. The petitioner challenged the judgment of the learned Trial Court before the learned Appellate Court. However, the learned Appellate Court confirmed the conviction and sentence. During the pendency of the proceedings, subsequent developments have taken place between the parties. The petitioner and Respondent No.2 have obtained a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955, by virtue of the
order dated 22.02.2023 in O.P.No.352 of 2019 on the file of the learned Principal Judge, Family Court-cum-Additional Chief Judge, City Civil Court, Hyderabad. Thereafter, the petitioner and Respondent No.2 entered into a Memorandum of Understanding/Settlement before the learned Mediator, which was duly signed by both the parties. 7. The said Memorandum of Understanding contains the terms and conditions as under:
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Dr.YLR, J
Crl.R.C.No.400 of 2025
Dated 19.09.2026
(i) The Petitioner and the Respondent are willing to Dissolve their marriage solemnized on 24.11.1993 at Nellore District, Andhra Pradesh. Both the parties informed that they have two (2) children namely 1. Mr.D.Lokesh Reddy, aged about 26 Years, 2. Mr.D. Sucharith Reddy, aged about 24 years, born out of their wedlock. Now they are majors and living independently. (ii) That the Petitioner herein agreed and assured that she will not claim any amount towards permanent alimony or maintenance from the Respondent at present or even in future. (iii) The Petitioner has filed a case against the Respondent Under Section 498-A same is registered vide C.C. No. 634 of 2010 on the file of Hon'ble V JMFC, Nellore, Andhra Pradesh, and it ended in conviction. As against the conviction, the Respondent herein filed a Criminal Appeal No. 350 of 2016 pending on the file of the VIII Addl. District and Sessions Judge, at Nellore, Andhra Pradesh. (iv) Both the parties herein have agreed to withdraw all cases including the case referred above against each other (v) Both the parties agreed that they will not file any cases/complaints (Civil or Criminal) against each other in future. (vi) It is agreed by both parties that they will not Interfere against each others in day-to-day life from today onwards. 8. The learned counsel for the petitioner relied upon the judgment of the Hon’ble Supreme Court in Rajesh Chaddha v. State of Uttar Pradesh1, wherein, at paragraph No.14, it was held as under:
14. The term "cruelty" is subject to rather cruel misuse by the parties, and cannot be established simpliciter without specific instances, to say the least. The tendency of roping these sections, without mentioning any specific dates, time or incident, weakens the case of the prosecutions, and casts serious suspicion on the viability of the version of a Complainant. We cannot ignore the missing specifics in a criminal complaint, which is the premise of invoking criminal machinery of the State.
Be that as it may, we are informed that the marriage of the Appellant has already been dissolved and the divorce decree has attained finality, hence any further prosecution of the Appellant will only tantamount to an abuse of process of law. 9. In view of the compromise entered into between the parties and having regard to the law laid down by the Hon’ble Supreme Court in Rajesh Chaddha supra, and considering the subsequent dissolution of the marriage by mutual consent, this Criminal Revision Case is disposed of as
1 2025 SCC OnLine SC 1094
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Dr.YLR, J
Crl.R.C.No.400 of 2025
Dated 19.09.2026
compromised. Consequently, the conviction and sentence imposed by the learned V Additional Judicial Magistrate of First Class, Nellore, in C.C.No.634 of 2010, dated 13.10.2016, as modified by the learned Special Judge for Trial of Offences against Women-cum-VIII Additional District and Sessions Judge, Nellore, in Crl.A.No.350 of 2016, dated 25.11.2024, are hereby set aside. Hence, the Petitioner/Appellant/Accused is acquitted under Section 320(8) of ‘the Cr.P.C’. 10. For the aforesaid reasons, the Criminal Revision Case is disposed of as compromised. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed. _________________________ Dr. Y. LAKSHMANA RAO, J Dated: 19.09.2026 RSI/DRNR
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Dr.YLR, J
Crl.R.C.No.400 of 2025
Dated 19.09.2026
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
CRIMINAL REVISION CASE NO: 400 of 2025 Dated: 19.09.2026
RSI/DRNR
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