APHC010342352022 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5113 Between: 1. DASTHAGIRI,, S/O. D. DASTHAGIRI, RELIGION MUSLIM, AGE 53 YEARS, OCC HEAD NANDAVARAM VILLAGE, BANGANAPALLI MANDAL, KURNOOL DISTRICT, R/O.D.NO.28/ 1051 NUNDEPALLI, NANDYALA, KURNOOL DI 2. DUDEKULADASTHAGIRI BEE,, W/O. DUDEKULADASTHAGIRI, RELIGION MUSLIM, AGE 43 YEARS, OCC HOUSE WIFE. R/O.D.NO.28/ 1051 NANDYALA, KURNOOL DISTRICT. 1. THE STATE OF ANDHRA PRADESH, PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI, GUNTUR DISTRICT. 2. DUDEKULASHEHNAZ BEGUM, W/O. DUDEKULADASTHAGIRI, RELIGION MUSLIM, AGE 72 YEARS, R/O. D.NO.7/166, PRAKASH ROAD, ANANTAPUR CITY AND DISTRICT. 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 Court IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 5113 OF 2022 DASTHAGIRI,, S/O. D. DASTHAGIRI, RELIGION MUSLIM, AGE 53 YEARS, OCC HEAD-MASTER, MPP ELEMENTARY SCHOOL, NANDAVARAM VILLAGE, BANGANAPALLI MANDAL, KURNOOL DISTRICT, R/O.D.NO.28/ 1051-H, TEACHERS COLONY, NUNDEPALLI, NANDYALA, KURNOOL DISTRICT DUDEKULADASTHAGIRI BEE,, W/O. DUDEKULADASTHAGIRI, RELIGION MUSLIM, AGE 43 YEARS, OCC HOUSE WIFE. R/O.D.NO.28/ 1051-H, TEACHERS COLONY, NUNDEPALLI, NANDYALA, KURNOOL DISTRICT. ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI, GUNTUR DISTRICT. DUDEKULASHEHNAZ BEGUM, W/O. DUDEKULADASTHAGIRI, RELIGION MUSLIM, AGE 72 YEARS, R/O. D.NO.7/166, PRAKASH ROAD, ANANTAPUR CITY AND DISTRICT. ...RESPONDENT/COMPL 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 Court pleased to quash the proceedings against IN THE HIGH COURT OF ANDHRA PRADESH [3327] MONDAY,THE TWENTY THIRD DAY OF MARCH THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY DASTHAGIRI,, S/O. D. DASTHAGIRI, RELIGION MUSLIM, AGE 53 MASTER, MPP ELEMENTARY SCHOOL, NANDAVARAM VILLAGE, BANGANAPALLI MANDAL, KURNOOL H, TEACHERS COLONY, DUDEKULADASTHAGIRI BEE,, W/O. DUDEKULADASTHAGIRI, RELIGION MUSLIM, AGE 43 YEARS, OCC HOUSE WIFE. H, TEACHERS COLONY, NUNDEPALLI, ...PETITIONER/ACCUSED(S) REP. H, TEACHERS COLONY, NUNDEPALLI, ...PETITIONER/ACCUSED(S) REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, DUDEKULASHEHNAZ BEGUM, W/O. DUDEKULADASTHAGIRI, RELIGION MUSLIM, AGE 72 YEARS, R/O. D.NO.7/166, PRAKASH ...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 pleased to quash the proceedings against the Petitioners herein in DVC No. 71 of 2019 on the file of Judicial Magistrate of First Class, Anantapur IA NO: 1 OF 2022 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 grant stay of all further proceedings including the appearance of the Petitioners herein in DVC No. 71 of 2019 on the file of Judicial Magistrate of First Class, Anantapur Counsel for the Petitioner/accused(S): 1. NAIDU SIVA RAMA KRISHNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following Order: This Criminal Petition, under Section 482 Cr.P.C., has been filed by the Petitioners herein, to quash the proceedings in D.V.C.No.71 of 2019 on the file of the Judicial Magistrate of First Class, Anantapuramu. 2. Heard learned counsel for the Petitioners and learned Assistant Public Prosecutor for the Respondent/ State. 3. 2nd respondent herein filed the aforesaid D.V.C. before the Court against the petitioners, seeking various reliefs under Sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. There are specific accusations that have been made as against the petitioners herein, which are disputed questions of fact, and truth or otherwise of the same has has to be decided during the course of trial. This Court, in a petition filed under Section 482 Cr.P.C., would not be in a position to conduct a roving enquiry into the disputed questions of fact and quash the proceedings at this stage. 4. In view of the aforesaid facts and circumstances of the case, this Court is not inclined to quash the impugned proceedings against the petitioners herein. However, presence of petitioner No.2 herein is dispensed with, before the trial Court, except on those dates when the trial Court feels that their presence is necessary. 5. Accordingly, the Criminal Petition is disposed of. As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. _______________________ K.SREENIVASA REDDY, J Date: 23.03.2026 KK