Gudur Rama Sesha Reddy v. The State of Andhra Pradesh

of Grounds of Criminal Petition, the High Court further proceedings including appearance of the file of the Court of Special Mobile Court, Guntur, Guntur District pending disposal of the Criminal Petition before this Hon’ble Court. I A. NO: 1 OF 2024 Between; Sanikommu Tulasi Niharika, W/o. Gudur Krishna Sahit Reddy, D/o. R/0. D.No.5-67- Venkata Reddy, Aged about 26 years Sanikommu 77/A, 4/20 Brodipet, Guntur, Guntur District. ...Petitioner/ Complainant/Respondent No.2 AND

1. Gudur Rama Sesha Reddy, S/o. Krishna Reddy, Aged about 64 years. Cross, 28^^ Main Road, HSR Layout, R/o.Flat No.133/a, Srinilayam, 5’ Sector-I, Bangalore, Karnataka State. ...Respondent/ Petitioner

2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent <5; • stated in the Petition under Section 482 of Cr.P.C praying that in the circumstances Memorandum of Grounds of Criminal Petition, the High Court vacate the interim orders dated 14-12-2022 passed in may be pleased to IA.No.2 of 2022 in CRLP No.9971 of 2022. l A. NO: 2 OF 2024 Between: W/o. Gudur Krishna Sahit Reddy, D/o. Sanikommu Tulasi Niharika 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 Rama Sesha Reddy, S/o. Krishna Reddy, Aged about 64 years, R/o.Flat No.133/a, Srinilayam, 5‘^ Cross, 28‘^ Main Road, HSR Layout, Sector-1, Bangalore, Karnataka State. ...Respondent/ Petitioner/ Respondent No.2

2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent No.1 Petition under Section 528 R/w 359(2) of BNSS (under Section 482 the circumstances stated R/w 320 of Cr.P.C) praying that of Criminal Petition, the High Court may be Memorandum of Grounds pleased to record compromise in D.V.C.No.54 of 2022 on the file of the Court Magistrate of I Class for Mobile Court, Guntur, Guntur of Special Judicial District, by quashing the same. 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 /2"'* Respondent / Complainant AND

1. Gudur Rama Sesha Reddy, S/o. Krishna Reddy, Aged about 64 years, R/o.Flat No.133/a, Srinilayam, 5''' Cross, 28‘^ Main Road, HSR Layout, Sector-l, Bangalore, Karnataka State. ...Respondent/ Petitioner/ Respondent No.2

2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ...Respondent/Respondent No.1 Petition under Section 528 R/w 359(6) of BNSS (under Section 482 praying the circumstances stated R/w 320 of Cr.P.C) Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the Petitioner/2"'^ Respondent/Complainant to compromise Respondent/Petitioner/Respondent No.2 by quashing the case with the of the Court of Special Judicial the D.V.C.No.54 of 2022 on the file Magistrate of I 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 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; A 2 I.A.Nos.2 and 3 of 2024 In/and Criminal Petition No.9971 of 2022 COMMON ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, “Cr.P.C.”) has been filed by the Petitioner/ respondent No.2, seeking quashment of the proceedings against him 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. Today, when the matter is taken up for hearing, petitioner/respo ndent No.2 and the respondent No.2/complainant are 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 have identified both the parties in the open 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 the matrimonial life with petitioner/respondent No.1. 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, 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. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// S^CTON OFFICER

1. The Special Judicial Magistrate of 1 Class for Mobile Court, Guntur, Guntur District. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh,

2. Amaravathi [OUT]

3. One CC to Sri S Dilip Jaya Ram, Advocate [OPUC]

4. One CC to Sri Ratan Mohan Medida, Advocate [OPUC]

5. Three CD Copies To TK * Along with the Joint Compromise Memo in I.A.No.2 of 2024 in CRLP No.9971 of2022. HIGH COURT DATED:08/01/2025 COMMON ORDER I.A.No.2 & 3 of 2024 in/and CRLP.No.9971 of 2022 L> 19 JAN 2025 Oi:l ^ Current Secuon ^ ALLOWING THE I.A.No.2 & 3 of 2024 AND ALLOWING THE CRIMINAL PETITION I IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI I.A. NO OF 2024 IN CRL.P.NO. 9971 OF 2022 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. AND

1. •■.Petitioner/2"^ Respondent/Complainant Gudur Rama Sesha Reddy, S/o. Krishna Reddy, Aged about 64 years, R/o. Flat No. 133/a, Srinilayam, 5'^ Cross, 28'^ Main Road, HSR Layout, Sector-I, Bangalore, Karnataka State. ... Respondent/Petitioner/Respondent No.2

2. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. ... Respondent/Respondent No.l JOINT MEMO It is submitted that the 1^*^ Respondent/Petitioner/Responden t 1. No.l 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 reliefs under Sections 12, 18, 19(1)(F), 20, 22 and 23 of the Protection of Women from Domestic Violence Act, 2005 (herein after referred as Act, 2005).

2. It is submitted that the i5 Respondent/Petitioner/Respondent No.2 IS father-in-law Petitioner/2 Respondent/Complainant.

3. It is submitted that the Petitioner/2'^'^ Respondent/Compla inant herein filed the complaint under the Act, 2005 stating that her marriage performed Respondent/Petitioner/Respondent No.2 during 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 marriage Petitioner/2 Respondent/Complainant herein joined the matrimonial home, thereafter as the disputes arose causing mental and physical abuse to her. On the allegations, Petitioner/2 Respondent/Complainant filed present DVC claiming reliefs under the Act. Accordingly, Magistrate has taken the same on file and issued summons under Section 61 CRPC.

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

5. It is further submitted that in view of the facts mentioned / 19 Criminal continuation It supra the Petitioner/2"^ R-sspondent/Complainant humbly submits hardship. submitted Respondent/Complainant filed her affidavit stating that she has objection to quash the same by recording the compromise effected between them. The Petitioner/2^^ Respondent/Complainant and the Proceedings Petitioner/2 f^espondent/Petitioner/Respondent 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. petitions No.2 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 j^t memo. Petitioner/2'''^ Respondent/ Complainant Respondent/Petitioner/ Responden^o.2 Counsel for the Petitioner/2^'^ Respondent/Complain^ant Counsel for the Respondent/Petitioner/Respond^t No.2