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2026 DAILYLAW 13364 (AP)

VISWANATH KAMARTHI v. THE STATE OF ANDHRA PRADESH

CRLP/1753/2023 · 2026-10-12

Sunitha Gandham

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010112102023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] TUESDAY, THE 13th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 1753/2023 Between: 1. VISWANATH KAMARTHI, S/O. K. SHIVAPPA, AGED ABOUT 80 YEARS, R/O. H. NO. 62-210, CHIDAMBARA RAO STREET, BEHIND CENTRAL LIBRARY FORT, KURNOOL, KURNOOL DISTRICT. 2. B. BHARATHI, W/O. B. SEKAR, AGED ABOUT 47 YEARS, R/O. H. NO. 45/142-26-F5, MACANI SOMAPPA COLONY, NEAR VENKATARAMANA COLONY, KURNOOL ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. ANURADHA KAMARTHI, D/O SAI RAMESH, AGED 35 YEARS, H.NO. 76-97-213, RAGHAVENDRA NILAYAM, NETHAJI HOUSING COLONY, KURNOOL TOWN ...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 Courtpleased to quash the proceedings against the petitioners / accused 2 and 3 in C.C. No. 1135 of 2019 on the file of the court of Judicial First-Class Magistrate, Kurnool under section 498A of the IPC, Section 3 and 4 of Dowry Prohibition Act and pass IA NO: 1 OF 2023 2 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 pleased to stay all further proceedings against the Petitioners in C.C. No. 1135 of 2019 on the file of the court of Judicial First- Class Magistrate, Kurnool under section 498A of the IPC, Section 3 & 4 of Dowry Prohibition Act and pass Counsel for the Petitioner/accused(S): 1. S V RUTHVIK Counsel for the Respondent/complainant(S): 1. T CHANDRA SEKAR 2. PUBLIC PROSECUTOR (AP) The Court made the following: 3 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 1753/2023 ORDER: Heard Sri S. V. Ruthvik, learned counsel for the petitioners, and Sri T. Chandra Sekhar, learned counsel for Respondent No. 2. 2. Learned counsel for the petitioners and Respondent No. 2 submitted that the matter is settled out of Court. Accordingly, the petition filed by the main accused in Crl.P. No. 8584 of 2026 was allowed, quashing the proceedings against the husband of Respondent No. 2, who is Accused No. 1, vide order dated 28.09.2026. To that effect, they also filed a memo along with copy of the order. 3. Perused the copy of the order. As seen from the record, based on the report of Respondent No. 2, a case in Crime No. 14 of 2019 for the offences under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act was registered. Challenging the proceedings against Accused No. 1, he filed Crl.P. No. 8584 of 2026 and the petitioners/in-laws filed the instant petition to quash the proceedings in C.C. No. 1135 of 2019 on the file of the Judicial Magistrate of First Class, Kurnool. 4. In view of the settlement between both the parties and having considered the submissions of learned counsel for the petitioners as well as Respondent No. 2, this Court is of the considered view that the petition may be allowed. 4 5. In the result, the Criminal Petition is allowed, quashing the proceedings against the petitioners/accused No.2 and 3 in C.C. No. 1135 of 2019 on the file of the Judicial Magistrate of First Class, Kurnool, for the offences punishable under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. As a sequel thereto, pending miscellaneous petitions, if any, in this Criminal Petition shall stand closed. ___________________ SUNITHA GANDHAM,J Date: 13.10.2026 SSA/EV 5 19 THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM CRIMINAL PETITION NO: 1753/2023 Date: 13.10.2026 SSA/ EV