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2026 DAILYLAW 4943 (AP)

C Madhavi v. The State of Andhra Pradesh

CRLP/5312/2026 · 2026-07-02

Maheswara Rao Kuncheam

body2026

Judgment text

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1 Date of reserved for orders : Date of pronouncement : 03.07.2026 Date of uploading : 03.07.2026 APHC010333352026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5312/2026 Between: 1. C MADHAVI, W/O. C. KRISHNAMURTHY, AGED ABOUT 49 YEARS, OCC HOUSE WIFE, RESIDING AT H.NO. 2-105/7, GURAJADA NILAYAM, SRIRAMNAGAR COLONY, BESIDE VRK SHOPPING MALL, CHANDANAGAR, HYDERABAD. 2. G MALLIKARJUNA, S/O. MALAKONDAIAH, AGED ABOUT 39 YEARS, OCC PRIVATE EMPLOYEE, RESIDING AT H.NO. 2-105/7, GURAJADA NILAYAM, SRIRAMNAGAR COLONY, BESIDE VRK SHOPPING MALL, CHANDANAGAR, HYDERABAD. 3. B SIVAKANYA, W/O. G. MALLIKARJUNA, AGED ABOUT 38 YEARS, OCC PRIVATE EMPLOYEE, H.NO. 2-105/7, GURAJADA NILAYAM, SRIRAMNAGAR COLONY, BESIDE VRK SHOPPING MALL, CHANDANAGAR, HYDERABAD. 4. G MAHESH, S/O. MALAKONDAIAH,AGED ABOUT 42 YEARS, OCC BUSINESS,RESIDING AT 8-16-16/B, ANALAVARI STREET,NEAR SAI MAHAL, PEDDAPAVANI OLD BUS STAND,KAVALI VILLAGE AND MANDAL, NELLOOR DISTRICT. 5. G KAVITHA, , W/O. G. MAHESH,AGED ABOUT 38 YEARS, OCC HOUSE WIFE,RESIDING AT 8-16-16/B, ANALAVARI STREET,NEAR SAI MAHAL, PEDDAPAVANI OLD BUS STAND,KAVALI VILLAGE AND 2 MANDAL, NELLOOR DISTRICT. 6. G NARAYANAMMA, , W/O. LATE MALAKONDAIAH,AGED ABOUT 60 YEARS, OCC HOUSE WIFE,RESIDING AT 8-16-16/B, ANALAVARI STREET,NEAR SAI MAHAL, PEDDAPAVANI OLD BUS STAND,KAVALI VILLAGE AND MANDAL, NELLOOR DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT AMARAVATHI. 522239 2. C PMAVATHI, W/O LATE VENKATACHALAM, AGED 70 YEARS, OCC HOUSE WIFE, RESIDING AT H.NO. 3-132, JANDRAPETA, SODAM POST AND MANDAL, CHITTOOR DISTRICT 523165 ...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 Court pleased to quash the proceedings in DVC No. 8 of 2025 on the file the Junior Civil Judge, Pileru and to pass IA NO: 1 OF 2026 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 Counsel for the Petitioner/accused(S): 1. SESHADRI GOALLA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5312 of 2026 ORDER:- The present Criminal Petition has been filed seeking to quash the proceedings in D.V.C.No.8 of 2025 on the file of learned Junior Civil Judge, Pileru. 2. Heard Sri G. Seshadri, learned counsel for the petitioners. 3. Learned counsel for the petitioners asserts that matrimonial disputes are pending between petitioner No.1 and the son of respondent No.2, namely, C. Krishnamurthy, who are wife and husband. He also brought to the notice of this Court that petitioner No.1 has initiated criminal proceedings as well as proceedings under the Protection of Women from Domestic Violence Act, 2005, against the son of respondent No.2. 4. Taking into consideration of the above facts and circumstances, coupled with the fact that the proceedings under the Protection of Women from Domestic Violence Act, 2005 are quasi-criminal in nature, and also taking note of well settled legal principle in Vishal Shah Vs. Monalisa Gupta & Ors1, presence of petitioners herein in D.V.C.No.8 of 2025 on the file of Junior Civil Judge, Pileru, Chittoor District, is hereby dispensed with, except on those dates, when the learned Magistrate feels that their presence is necessary. 1 2025 Live Law (SC) 240 4 5. Accordingly, the Criminal Petition is disposed of. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 03.07.2026 RMR Whether the order is : Speaking ☑ Reasoned Reportable Non-reportable ☑ 5 272 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5312 of 2026 03.07.2026 W RMR