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High Court of Andhra Pradesh · body

2026 DAILYLAW 2349 (AP)

Shaik Afreed Ali, v. The State of Andhra Pradesh,

CRLP/3888/2026 · 2026-05-03

Y Lakshmana Rao

body2026

Judgment text

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1 Dr.YLR, J Crl.P.No.3888 of 2026 Dated 04.05.2026 APHC010240692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO I.A.Nos.2, 3, 4, 5 and 6 of 2026 In&And CRIMINAL PETITION NO: 3888/2026 Between: 1. SHAIK AFREED ALI,, S/O. GOUSE, AGED 29 YEARS, MUSLIM, R/O. D.NO.1-120, AMEENABAD, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT - 522529 A-1 2. SHAIK GOUSE,, S/O. MALIK AHAMMAD, AGED 58 YEARS, MUSLIM, R/O. D.NO.1-120, AMEENABAD, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT - 522529, NOW RESIDING AND WORKING AT ASPIRA NIGERIA LIMITED, KM 8, TOKARAWA INDUSTRIAL AREA, HADEJJA ROAD, KANO CITY, NIGERIA - 700281 A-2 3. SHAIL ARIFA,, W/O. GOUSE, AGED 54 YEARS, MUSLIM, R/O. D.NO.1-120, AMEENABAD PHIRANGIPURAM MANDAL, GUNTUR DISTRICT - 522529 A-3 4. SHAIK AFREEN, , D/O. GOUSE, AGED 32 YEARS, MUSLIM, R/O. D.NO.1-120, AMEENABAD, PHIRANGIPURAM MANDAL, GUNTUR DISTRICT - 522529 A-4 5. SHAIK MUNTAZ,, W/O. MAHABU SUBHANI, AGED 64 YEARS, MUSILM, R/O. D.NO.1-120, AMEENABAD, PHIRANGIPURAM MANDAL,GUNTUR DISTRICT - 522529 A-5 6. SHAIK MAHABU SUBHANI,, S/O SILA SAHEB, AGED 77 YEARS, MUSLIM, R/O. D.NO.1-120, AMEENABAD, PHIRANGIPURAM 2 Dr.YLR, J Crl.P.No.3888 of 2026 Dated 04.05.2026 MANDAL, GUNTUR DISTRICT - 522529 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH STATION HOUSE OFFICER, MEDIKONDURU POLICE STATION, REP., THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI 2. PATALAM ASIFYA, D/O. ANWAR AHMAD, AGED 23 YEARS, MUSLIM, R/O. MAIN ROAD, MEDIKONDURU VILLAGE AND MANDAL, GUNTUR DISTRICT - 522438 ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. MUNNANGI THANMAI KRISHNA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. SHAIK MOHAMMED RIZWAN The Court made the following: COMMON ORDER: Criminal Petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita Act, 2023 (for brevity the ‘BNSS’) by the Petitioners/Accused Nos.1 to 6, seeking to quash the proceedings against them in C.C.No.195 of 2026 on the file of the learned V Additional Junior Civil Judge, Guntur registered for the alleged offences punishable under Sections 85 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for brevity ‘the BNS’) and Section 3 and 4 of the Dowry Prohibition Act, 1961 (for brevity ‘the D.P. Act’). 3 Dr.YLR, J Crl.P.No.3888 of 2026 Dated 04.05.2026 2. I.A. No. 2 of 2026 is allowed, permitting the petitioner/Accused No. 2 to appear virtually. 3. I.A. No. 3 of 2026 is allowed, permitting the GPA holder to sign on his behalf on the necessary documents or papers, if any, at the time of recording the compromise. 4. I.A.Nos.4 and 5 of 2026 is filed by the Petitioner/de-facto complainant/ Respondent No.2 seeking permission to compound the Respondent No.2/de- facto complainant to compromise the proceedings in C.C.No.195 of 2026 on the file of the learned V Additional Junior Civil Judge, Guntur against Respondents/Accused Nos.2 to 7. 5. I.A.No.6 of 2026 is filed by the Petitioner/de-facto complainant/ Respondent No.2 seeking to record compromise between the Petitioner/de- facto complainant and the Respondents/Accused Nos.2 to 7 as per the joint memo and quash the proceedings against them in C.C.No.195 of 2026 on the file of the learned V Additional Junior Civil Judge, Guntur. 6. Today, when the matter was taken up for hearing, the Petitioners/Accused Nos.1 to 6 and Respondent No.2/de-facto complainant was present before this Court. They produced their respective attested copies of Aadhar cards in proof of their identity, and the same were placed on record for proper identification. Both the learned Counsel on record identified both the parties in open Court. 4 Dr.YLR, J Crl.P.No.3888 of 2026 Dated 04.05.2026 7. Sri A. Sai Rohith, learned Assistant Public Prosecutor for the State, reported no objection to record the compromise. 8. This Court enquired with the de-facto complainant regarding her willingness to enter into a compromise in the matter. She submitted before the Court that she and Petitioner No. 1 do not wish to live together and intend to live separately, and in that regard, they have filed a petition for dissolution of marriage on the ground of mutual consent. The de-facto complainant further submitted that the case may be closed against the accused persons and that she does not wish to prosecute the matter against the Petitioners/Accused Nos. 1 to 6. 9. Considering the submissions and in the light of the judgment of the Hon’ble Apex Court in Gian Singh vs. State of Punjab and another1, since there is an amicable settlement between the parties, in the interest of justice, I.A.Nos.2, 3, 4, 5 and 6 of 2026 are allowed. 10. Consequently, Criminal Petition is allowed, and the proceedings against the Petitioners/Accused Nos.1 to 6 in C.C.No.195 of 2026 on the file of the learned V Additional Junior Civil Judge, Guntur are hereby quashed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________ Dr. Y. LAKSHMANA RAO,J Date :04.05.2026 KMS 1 2012(10) SCC 303 5 Dr.YLR, J Crl.P.No.3888 of 2026 Dated 04.05.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO:3888 of 2026 Date: 04.05.2026 KMS 257