Sarada v. The State of Andhra Pradesh

filed under Section 482 of Cr.P.C praying circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in D.V.C.No.54 of 2022 on the file of the Court of Special Judicial Magistrate of First Class for Mobile Court, Guntur, Guntur District., and quash the same so far as the petitioner is concerned. I.A. NO: 1 OF 2024 Between: Sanikommu Reddy, D/o.Sanikommu Venkata Reddy, aged about 26 years, R/o.D.No.5-67- W/o.Gudur Krishna Niharika, Tulasi Sahit 77/A, 4/20 Brodipet, Guntur, Guntur District. ...Petitioner/Complainant AND

#1. Gudur Sarada, W/o.Rama Sesha Reddy, aged about 34 years R/o.Flat No.133/a, Srinilayam, 5'^ Cross, 28'^ Main Road, HSR Layout, Sector-I, Bangalore, Karnataka State.

#2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Petitioner ...Respondent/Respondent Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to vacate the interim orders dated 07-12-2022 passed in lA No.2 of 2022 in CRLP.No.9765 of 2022. LA. NO: 2 OF 2024 Between: Niharika Sanikommu Tulasi Reddy, D/o.Sanikommu Venkata Reddy, aged about 26 years, R/o.D.No.5-67- 77/A, 4/20 Brodipet, Guntur, Guntur District. W/o.Gudur Krishna Sahit ...Petitioner/Respondent/Complainant AND

#1. Gudur Sarada Reddy, W/o.G.Rama Sesha Reddy, aged about 58 years Cross, 28''^ Main Road, HSR Layout, R/o.Flat No.133/a, Srinilayam, Sector-I, Bangalore, Karnataka State. ...Respondent/Petitioner/Respondent No.3

#2. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent No.1 Petition filed under Section 482 read with 320 of Cr.P.C/Section 528 read with Section 359(2) of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Miscellaneous Petition, the High Court may be pleased to record compromise in D.V.C.No.54 of 2022 on the file of the Court of Special Judicial Magistrate of First Class for Mobile Court, Guntur, Guntur District., by quashing the same. *Joint Compromise Memo enclosed (vide separate sheet) I.A. NO: 3 OF 2024 Between: Sanikommu Tulasi Niharika, W/o.Gudur Krishna Sahit Reddy, D/o.Sanikommu Venkata Reddy, aged about 26 years, R/o.D.No.5-67- 77/A, 4/20 Brodipet, Guntur, Guntur District. ...Petitioner/Respondent/Complainant AND

#1. Gudur Sarada Reddy, W/o.G.Rama Sesha Reddy, aged about 58 years R/o.Flat No.133/a, Srinilayam, 5‘^ Cross, 28^^ Main Road, HSR Layout, Sector-1, Bangalore, Karnataka State. ...Respondent/Petitioner/Respondent No.3 I

#2. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent No.1 Petition filed under Section 482 read with 320 of Cr.P.C/Section 528 read with Section 359(6) of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Miscellaneous Petition, the High Court may be pleased to permit the Petitioner/2'^'^ Respondent/ Complainant to compromise the case with the 1 St Respondent/Petitioner/ Respondent No.3 by quashing the D.V.C.No.54 of 2022 on the file of the Court of Special Judicial Magistrate of First Class for Mobile Court, Guntur, Guntur District. I.A. NO: 2 OF 2022 Petition filed under Section 482 of Cr.P.C praying circumstances stated the Memorandum of Grounds of Criminal Miscellaneous Petition, the High Court may be pleased to stay all further proceedings including appearance of the Petitioner in D.V.C.No.54 of 2022 on the file of the Court of Special Judicial Magistrate of First Class for Mobile Court, Guntur, Guntur District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S Dilip Jaya Ram, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri Ratan Mohan Medida, Advocate for the Respondent No.2 The Court made the following: COMMON ORDER I. APHC010665912022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9765/2022 Between: Gudur Sarada ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused:

1.S DILIP JAYA RAM Counsel for the Respondent/complainant(S):

1.RATAN MOHAN MEDIDA

2.PUBLIC PROSECUTOR (AP) The Court made the following; 2 1 A.Nos.2 and 3 of 2024 In/and nriminal Petition Nn-9765 of 2022, r.nMMON ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in Cr.P.C.”) has been filed by the Petitioner/ respondent No.3, seeking quashment of the proceedings against her in D.V.C.No.54 of 2022 on the file of Court of Special Judicial Magistrate of I Class for Mobile Court, Guntur, Guntur District.

#2. No.3 Today, when the matter is taken up and the respondent No.2/complainant are present before this Court, of AADHAR cards in proof of for hearing, petitioner/respondent They produced their respective attested copies their identity and the same were placed on record for proper identification. record have identified both the parties in the open Both the learned counsel on Court.

#3. The complainant/respondent No.2 stated that she has voluntarily come forward for withdrawal of the case since there is no chance for reconciliation of matrimonial life with respondent No.1 in the DVC case. She further represented that they have filed petition for divorce by mutual consent. She further stated that she and the petitioner herein arrived at full and final settlement at Rs.87,50,000/- and as such today, she has received an amount of Rs.52,50,000/- vide D.D.Nos 001583 & 001584 dated 06.12.2024 and the 3 remaining amount is mutually agreed to be placed on the file of Family Court Guntur vide D.D.No.189173, dated 06.12.2024.

#5. In that view, I.A.Nos.2 and 3 are allowed. Since both the parties entered into compromise and crime against the accused is closed, no further orders are required in this matter. Accordingly this Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER

#1. The Special Judicial Magistrate of First Class for Mobile Court, Guntur, Guntur District.

#2. One CC to Sri S Dilip Jaya Ram Advocate [OPUC

#3. One CC to Sri Ratan Mohan Medida Advocate [OPUC]

#4. Two CC's to the Public Prosecutor, High Court of Andhra Pradesh Amaravati [OUT]

#5. Three CD Copies *Joint Compromise Memo enclosed (vide separate sheet) BSV HIGH COURT DATED:08/01/2025 COMMON ORDER I.A.Nos .2 & 3 of 2024 In/And CRLP.No.9765 of 2022 ANO«^ Cj X O 2 7 JAN 2C?) ^ . Current Sectlort CO I.A.Nos.2 & 3 of 2024 ARE ALLOWED AND ALLOWING THE CRIMINAL PETITION

#4. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI LA. NO OF 2024 IN Between: CRL.P.NO. 9765 OF 2022 Sanikommu Tulasi Nihahka, W/o. Gudur Krishna Sahit Reddy, D/o. Sanikommu Venkata Reddy, Aged about 26 R/o. D.N0.5-67-77/A, 4/20 Brodipet, Guntur, Guntur District. years. AND

#1. ...Petitioner/Respondent/Complainant Gudur Sarada Reddy, W/o. G. Rama Sesha Reddy, Aged about 58 years, R/o. Flat No.133/a, Srinilayam, 5^^ Cross, 28^" Main Road, HSR Layout, Sector-I, Bangalore, Karnataka State. ... Respondent/Petitidner/Respondent No.3

#2. The State of Andhra Pradesh, Rep. by Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ... Respondent/Respondent'No.l JOINT MEMO

#1. It is submitted that the Respondent/Petitioner/Respondent No.3 with three others is being prosecuted in D.V.C.No.54 of 2022 on the file of the Court of Special Judicial Magistrate of I Class for Mobile Court, Guntur, Guntur District., filed by the Petitioner/2'^^ Respondent/Complainant seeking 18, 19(1)(F), 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (herein after referred as Act, 2005). reliefs under Sections 12, ¥

#2. It is No.3 submitted that the P' Respondent/Petitioner/Respondent Petitioner/Z"^^ Mother-in-law Respondent/Complainant.

#3. It is herein submitted that the Petitioner/2"^ Respondent/Complainant filed the complaint under the Act, 2005 stating that her was " performed No.3 during marriage Respondent/Petitioner/Respondent intervening night of 14/15.11.2019 at VPR Convention Center, Nellore, SPSR Nellore District., as per the Hindu rights and customs. It is alleged that during the time of marriage all the Respondents demanded an amount of Rs.2 Crores towards dowry along with Rs.1.5 Crore worth gold ornaments as demanded. It is further stated that immediately Respondent/Complainant Petitioner/2"^ herein joined the matrimonial home, thereafter as the disputes her. On the said arose causing mental and Respondent/Complainant filed physical abuse to marriage Petitioner/2 allegations, present DVC claiming reliefs under the Act. Accordingly, Magistrate has taken the same on file and issued summons under Section 61 CRPC.

#4. It submitted that while the things stood thus, at the elders well-wishers intervention Respondent/Complainant and 1^^ Respondent/Petitioner/Respondent No.3 decided to settle the issues amicably. In view of the same the Respondent/Complainant agreed to Petitioner/2"^ withdraw Petitioner/2 complaint aforesaid Respondent/Petitioner/Respondent No.3 pending on file of the Court of Special Judicial Magistrate of I Class for Mobile Court, Guntur, lodged against 1^' Guntur District. H %

#5. It is further submitted that in view of the facts mentioned It Criminal continuation supra the Petitioner/2"^ Respondent/Complainant humbly submits hardship. Petitioner/Z""^ submitt; ed Respondent/Complainant filed her affidavit stating that she has no objection to quash the same by recording the compromise effected between them. The Petitioner/2"^ Respondent/Complainant and the Proceedings would Respondent/Petitioner/Respondent No.3 petitions compound the offences by quash the same against the proceedings aforementioned pending against them. Unless, this Hon'ble Court interfere and permit them to compound the offences, they would be put to great hardship. In the above circumstances, both the parties have approached 6. this Hon'ble Court to quash the proceedings in D.V.C.No.54 of 2022 on the file of the Court of Special Judicial Magistrate of I Class for Mobile Court, Guntur, Guntur District. Hence, the present joint memo. Petitioner/2'''^ Respondent/ Complainant Respondent/Petitioner/ Respondent No.3 7'h. /wi 'A Counsel for the Petitioner/2^^ Respondent /Complainant Counsel for the Respondent/Petitioner/Respondent No.3