APHC010178052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4399/2025 Between: TUNGALA SOWMYA SREE, W/O. YADAMREDDY SUDHEER AGED 26 YEARS, OCC HOUSEWIFE R/O. 10/248-A24, TEACHERS COLONY, BYPASS ROAD GUDIVADA, KRISHAN DISTRICT-521301 ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, THE HIGH COURT OF ANDHRA PRADESH 2. YADAMREDDY BALA SARASWATHI, W/O. VEERA JAGAN MOHANA RAO R/O. FLAT NO. 709, POLICE ROAD, HANUMAN STREET AYYAPPA NAGAR, AUTONAGAR, VIJAYAWADA-52007 3. YADAMREDDY VEERA JAGAN MOHANA RAO, R/O. FLAT NO. 709, POLICE ROAD HANUMAN STREET, AYYAPPA NAGAR, AUTONAGAR, VIJAYAWADA-520007. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. K V ADITYA CHOWDARY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. E ANJANA REDDY The Court made the following: ORDER: The instant petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231, has been filed by the Petitioner / Accused No.1, seeking to quash the proceedings against her in C.C.No.5078 of 2024 on the 1 For short ‘BNSS’ 2 file of the Court of III Additional Chief Judicial Magistrate, Vijayawada for the offences under Section 506 of Indian Penal Code2 and Section 66 of Information Technology Act 2000-20083. 2. Heard Sri K.V.Aditya Chowdary, learned counsel for the Petitioner, Sri Venkata Reddy Chittem, learned counsel for Respondent Nos.2 and 3 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State/Respondent No.1. 3. Learned counsel for Petitioner / Accused No.1 submits that the Petitioner has been falsely implicated in the present case. Learned counsel would further submit that the allegations against her are entirely baseless and motivated by personal vendetta, arising from disputes in her marital life. The actual wrongdoer is Accused No.2, who has harassed the Petitioner and her family through multiple phone numbers, fake email IDs, and social media accounts. The Petitioner has no connection with the alleged offences, and there is no evidence to suggest her involvement. Learned counsel would further submit that the Petitioner had herself lodged a complaint against Accused No.2 for similar harassment in FIR No. 1071/2021, which was investigated and chargesheeted as C.C.No. 3482/2021 against Accused No.2 and the said case was ended in acquittal. The present FIR appears to have been filed with a malicious intent to falsely implicate the Petitioner, relying solely on old photographs from her B.Tech days and anonymous messages, without any substantive evidence. 2 For short ‘IPC’ 3 For short ‘IT Act’ 3 It is further submitted that, it is the Petitioner who has suffered due to the actions of Accused No.2, which have directly led to disputes and disruption in her marital life. The FIR, therefore, is wholly arbitrary, lacks any prima facie evidence against the Petitioner and as such, continuation of proceedings against her would amount to abuse of process of the Court. Hence, prayed to quash the proceedings against the Petitioner. 4. Per contra, learned counsel for Respondent Nos. 2 and 3 submits that Respondent Nos. 2 and 3 are the parents-in-law of the Petitioner, who was married to their son, Y. Sudheer. It is argued that after the marriage, the Petitioner left for her parents' house in the first week of September 2021 and informed Respondent Nos. 2 and 3 that she was pregnant. She returned to the matrimonial home at the end of September 2021. However, on 1st October, 2021, Respondent Nos. 2 and 3 received disturbing WhatsApp messages and data exchanged between the Petitioner and Accused No. 2, revealing the nature of their relationship. Learned counsel would further submit that, upon inquiry, the Petitioner claimed that Accused No. 2 was merely her classmate and friend, and she requested her in-laws to ignore the messages, stating that Accused No. 2 was unnecessarily harassing her. Despite this, her behavior towards Respondent Nos. 2 and 3 changed, and she continued to maintain contact with Accused No. 2, disregarding the advice of her in-laws. She allegedly pressurized her husband to set up a separate household, with the aim of continuing her relationship with Accused No. 2. It is further submitted that, having vexed with 4 the behaviour of the Petitioner, the son of Respondent Nos.2 and 3 filed H.M.O.P.No.89 of 2025 on the file of the Court of Principal Civil Judge (Senior Division), Gudivada seeking divorce on the ground of cruelty and the same was allowed vide Order dated 03.12.2025 granting divorce. It is further submitted that, Respondent Nos. 2 and 3 also claim that the Petitioner began threatening them, saying that if they interfered or questioned her relationship with Accused No. 2, she would leave the matrimonial home. They also received threatening messages and calls from various phone numbers associated with Accused No. 2. It is further argued that the Petitioner and Accused No. 2 acted together to harass Respondent Nos. 2 and 3, with messages exchanged between the two that suggested they intended harm to their son, Y. Sudheer. Accused Nos. 1 and 2 allegedly also created fake social media accounts in the name of Y. Sudheer to send misleading messages to his friends, claiming that Accused No.1 had a live-in relationship with Accused No. 2 prior to the marriage. The combined actions of the Petitioner and Accused No. 2 caused lot of fear, mental agony, and harassment to Respondent Nos. 2 and 3. Learned counsel would finally submit that there are specific allegations against the Petitioner in the commission of the alleged offences. Therefore, the proceedings against the Petitioner, at this stage, cannot be quashed. Hence, prayed for dismissal of the petition. 5. Learned Assistant Public Prosecutor would submit that there are specific allegations against the Petitioner and the truth or otherwise of the 5 same have to be decided during trial. At this stage, the proceedings against the Petitioner cannot be quashed. Hence, prayed for dismissal of the petition. 6. Considering the submissions of the parties and on perusal of the material on record, it is clear that there are specific allegations against the Petitioner that require investigation. The contents of the complaint would go to show the alleged harassment of Petitioner along with Accused No.2 towards Respondent Nos.2 and 3 and their son, including harassment through messages, threats, and the creation of fake social media accounts. While the Petitioner claims that these allegations are baseless and motivated by personal vendetta, there is no material on record at this stage that conclusively proves that the accusations are entirely false. 7. Further, it is noted that the Petitioner’s earlier complaint against Accused No. 2, resulting in an acquittal, cannot be a ground for quashment of the present petition in view of the prima facie allegations made against the Petitioner. The fact that the case against Accused No.2 ended in acquittal does not invalidate the current proceedings. It is also an admitted fact that the marriage between the Petitioner and the son of Respondent Nos.2 and 3 was dissolved by a decree of divorce by the competent Court vide Order dated 03.12.2025 in H.M.O.P.No.89 of 2025. 8. In view of the aforementioned facts and circumstances of the case, this Court is of the view that, prima facie there are specific allegations against the Petitioner / Accused No.1 and the veracity of the said allegations has to be decided during trial. This Court cannot conduct a mini trial while exercising 6 the inherent jurisdiction under Section 528 of BNSS. There are no grounds for quashment of the proceedings against the Petitioner / Accused No.1, at this stage. The petition lacks merit and the same is liable to be dismissed. 9. In the result, the Criminal Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:04.02.2026 Dinesh 7 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.4399 of 2025 Dt.04.02.2026 Dinesh