1 APHC010076932024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 909 OF 2024 Between: 1. KADAVAKOLLU ANNAPURNA, W/o.Veeranjaneyulu, aged about 50 years, R/o.D.No.C-14-1418, Prakash Nagar, Tadepalli, Guntur District. 2. Kadavakollu Veeranjaneyulu,, S/o.Venkateswara Rao, aged about 58 years, R/o.D.No.C-14-1418, Prakash Nagar, Tadepalli, Guntur District. 3. Kadavakollu Mohan Durga,, D/o. Veeranjaneyulu, aged about 27 years, R/o.D.No.C-14-1418, Prakash Nagar, Tadepalli, Guntur District. 4. Kadavakollu Mounika,, D/o. Veeranjaneyulu, aged about 23 years, R/o.D.No.C-14-1418, Prakash Nagar, Tadepalli, Guntur District. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep .by its Public Prosecutor High Court of A.P at Amaravathi. 2. Kadavakollu Suseela, W/o. Taraka Naga Sai Trinadha Rao, Aged about 31 years, R/o.D.No.1-111 (1-194) Jerripothulapalem Village, Chintagaita Post, Pendurthi, Visakhapatnam District City, Visakhapatnam District. 2 3. Kadavakollu Venuhya, D/o.Taraka Naga Sai Trinadha Rao, Hindu, aged 1 year, R/o.D.No.1-111, Jerripothulapalem, Pendurthi, Chintagatla, Visakhapatnam - 53i035. ...Respondents 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 may be pleased to quash the proceedings in DVC No.68 of 2023 on the file of the Honble VII Addl. Metropolitan Magistrate Court, Visakhapatnam filed against the petitioners and pass other order or orders as this Honble Court deems fit and proper in the particular circumstances of the case. IA NO: 1 OF 2024 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 may be pleased to stay all the further proceedings in DVC No.68 of 2023 on the file of the Hon'ble VII Addl. Metropolitan Magistrate Court, Visakhapatnam, till the disposal of the quash petition and pass other order or orders as this Hon'ble Court deems fit and proper in the particular circumstances of the case, in the interests of justice and equity. Counsel for the Petitioners: KOGANTI NAGESWARA RAO Counsel for the Respondents: PUBLIC PROSECUTOR (AP) Counsel for the Respondents: VENKAT CHALASANI 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 909 of 2024 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 482 of Cr.P.C, has been filed on behalf of the petitioners herein, seeking to quash the proceedings in DVC No.68 of 2023 on the file of the learned VII Additional Metropolitan Magistrate Court, Visakhapatnam, for the offences punishable under Section 12 of the Prevention of Women From Domestic Violence Act. 2. Heard learned counsel for the petitioners and Sri K. Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners before the trial Court by submitting petitioners’ practical constraints in attending before the trial Court and states that petitioners shall not dispute their identity at a later stage of proceedings. 4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against 4 the petitioners herein and truth or otherwise of the said accusations has to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. So far as dispensing with the presence of the petitioners before the trial Court, he has not opposed the same. 5. Since there are specific accusations that have been made as against the petitioners herein, which are all disputed questions of fact, the same can be decided during the course of trial, and this Court, in a petition filed under Section 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not be in a position to conduct roving enquiry into the disputed questions of fact and quash the proceedings at this stage. 6. In this context, it is apt to note the dictum held in State of Uttar Pradesh and Another Vs. Akhil Sharda and Others1, by the Apex Court in its vivid terms in the following way: 7. Having gone through the impugned judgment and order passed by the High Court by which the High Court has set aside the criminal proceedings in exercise of powers under Section 482 Cr.P.C., it appears that the High Court has virtually conducted a mini trial, which as such is not permissible at this stage and while deciding the application under Section 482 Cr.P.C. As observed and 1 2022 LiveLaw (SC) 594 5 held by this Court in a catena of decisions no mini trial can be conducted by the High Court in exercise of powers under Section 482 Cr.P.C., jurisdiction and at the stage of deciding the application under Section 482 Cr.P.C., the High Court cannot get into appreciation of evidence of the particular case being considered. 7. In Vishal Shah Vs. Monalisha Gupta & Ors.2, Hon’ble Apex Court has observed that there is no requirement for the personal appearance of any party in the proceedings under the Domestic Violence Act, 2005, because they are quasi-criminal in nature and do not entail any penal consequences, except when there is a breach of a protection order, which is the only offence provided under Section 31 of the Domestic Violence Act, 2005. 8. Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners herein. However, due to ground realities submitted by the counsel for the petitioners, presence of the petitioners herein (A2 to A5) before the VII Additional Metropolitan Magistrate, Court, Visakhapatnam in DVC No.68 of 2023 is hereby dispensed with, except on those dates when the learned trial Court feels that their presence is necessary. In the event of failure of the petitioners to appear when the trial Court specifically directs, this 2 2025 Live Law (SC) 240 6 Order shall stands automatically revoked, without recourse to this Court. 9. Accordingly, the Criminal Petition is disposed of. 10. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 03.09.2026 krk 7 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 118 CRIMINAL PETITION NO: 909 of 2024 Date: 03.09.2026 krk