APHC010375512025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7755/2025 Between: 1. GUGGILLA RAMADANDU ALIAS RAMBABU, S/O SUBBAIAH, 74 YEARS, C/0 KUMARI, RAMAYAPALEM VILLAGE, ADDANKI MANDAL, PRAKASAM DISTRICT. 2. GUGGILLA SUBBULU, W/0 RAMADANDU ALIAS RAMBABU , 64 YEARS, C/0 KUMARI, RAMAYAPALEM VILLAGE, ADDANKI MANDAL, PRAKASAM DISTRICT. 3. PUSUKURI ALIAS PASUKURI VENKAYAMMA, W/0 PASUKURI POTHURAJU, 38 YEARS, C/0 KUMARI, RAMAYAPALEM VILLAGE, ADDANKI MANDAL, PRAKASAM DISTRICT. 4. PUSUKURI ALIAS PASUKURI POTHURAJU, S/0 RAMADANDU, 42 YEARS, C/0 KUMARI, RAMAYAPALEM VILLAGE, ADDANKI MANDAL, PRAKASAM DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PUBLIC PROSECUTOR HIGH COURT PREMISES, AMARAVATI. 2. GUGGILLA LAKSHMI PRAMEELA, W/O VENKATA RAMANJANEYULU, 37 YEARS, C/O KUMMARA, R/0 LALITHA DEVI COLONY, KESANAPALLI PANCHAYAT, NARASARAOPET MANDAL, GUNTUR DISTIRCT 2 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. RAMA MOHAN RAO KOTHA Counsel for the Respondent/complainant(S): 1. SATYANARAYANA NIMMALA 2. PUBLIC PROSECUTOR The Court Made the Following Order: The instant petition under Section 528 of BNSS, has been filed by the petitioners herein/Accused Nos.2 to 5, seeking quashment of proceedings against them in C.C.No.668 of 2024 on the file of the learned I Additional Civil Judge (Junior Division), Narasaraopet, for the offences punishable under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri K.Rama Mohan Rao, learned counsel for the petitioners and Ms.Priyanka Lakshmi, learned Assistant Public Prosecutor for respondent No.1/State and Sri Satyanarayana Nimmala, learned counsel for the respondent No.2. 3. Learned counsel for the petitioners submits that, while referring the case to the police, the learned Magistrate directed registration of a crime only against A1 and A3. However, the case was registered against all the accused. The learned Magistrate thereafter took cognizance of the offences under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act against all the accused without adverting to the said aspect. Learned counsel further submits that this is the third case 3 registered against the husband and his family members, and that continuation of the criminal proceedings against the petitioners amounts to a mere abuse of the process of law. 4. Learned counsel for respondent No. 2 fairly conceded that the case was referred to the police for registration of a crime against A1 and A3 only; however, the police registered a case against all the accused, i.e., A1 to A5. Learned counsel finally submits that, except in respect of A3, this Court may pass appropriate orders. Since specific allegations have been made against A3, the matter insofar as A3 is concerned requires a trial. 5. Considering the submissions made and as rightly pointed out by the learned counsel for respondent No. 2, and in light of the specific allegations made against A3, as well as the fact that the case was referred in respect of A3, this is not a fit case to quash the proceedings against A3. Coming to the case of A2, A4, and A5, the learned Magistrate did not even refer the complaint to the police for registration of a case against them, as the Court could not find any material against them. Unfortunately, the police inadvertently registered a case against all the accused, filed a charge sheet, and the Court has taken cognizance thereof. 6. For the foregoing reasons, the Criminal Petition is partly allowed to the extent of quashing the proceedings against the petitioners/A2, A4 and 4 A5 in C.C.No.668 of 2024 on the file of the learned I Additional Civil Judge (Junior Division), Narasaraopet. The Criminal Petition in respect of petitioner/A3 is dismissed. However, the presence of the Petitioner/Accused No.3 before the trial Court is dispensed with, except on the specific dates as directed by the trial Court. 7. Accordingly, the Criminal Petition is partly allowed. Pending applications, if any, shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 05.01.2026 ASR 5 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7755 of 2025 Dt.05.01.2026 Asr