The High Court · 2025

Petition under section 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 crime No.62 of 2024 dared 03.04.2024 on the file of [\/edlachervu Police Station, Suryapet District, against the petitioner/Accused. ...Respondents l.A. NO: 2 OF 2A25 Petition under section 528 of BNSS praying that in the circumstances stated in the l\4emorandum of Grounds of Criminal petition, the High Court may be pleased to stay all further proceedings and including arrest of petitioner in crime No. 62 of 2024 dated 03.04.2024 on the file of [Vledlacheruvu police Station, Suryapet District, pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Mr Mullangi Rami Reddy for IV/s s chandra lr/lohan Reddy, Advocate for the petitioner and Ms s Madhavi, Assistant Public Prosecutor on behalf of the Respondent No..l . The Court made the following Order : THE HON'I3LE SHRI JUSTICE ANIL KUMAR JUKANTI CR.IMINAL PETITION No.9O7 OF 2025 ORDER: This Crimina-1 Petition is filed under Section 528 of the Bharatila Nagarik Suraksha Sanhita (for short'BNSS) by petitioner/ accused to quash the proceedings against him in FIR \o.62 of 2024 of Medlachervu Police Station, Suryapet District. The offences alleged against petitioner are under Sr:ction 363 of IPC.

2. Heard Mr. Mullangi Rami Reddy, learned counsel for the petitioner and Ms. S. Madhavi, learned Assistant Public Prosecutor for the respondent - State. Perused the material on record.

3. FIR came to be registered on O3.O4.2O24 vide FIR No.62 of 2024 under Sections 363 of IPC. Respondent No.2 is the complainant. It is the case of the respondents that her daughter Deepavath Anjali went to Jaggu Thanda Village to attend the fifth day celebration of marriage of her relatives on 01.04.2024. That at midnight around L I ltI 2 \ JAK, J CRLP 907 2025 12:00 hours, when everyone slept, Deepavath Hanumanthu S/o Balu went to the house and took her daughter away by force against her will. That, her brother_ in-law, Deepavath Balakrishna telephoned and informed her about the incident and that she reached Jaggu Tharrda Village and lodged the complaint at police Station Mellacherur,-u, Suryapet District.

4. Learned counsel for petitioner submits that respondent No.2's daughter was in iove with him, and they got married at Vijayawada Kanakadurgamma Temple and that respondent No.2,s daughter had willingly come along with him, and she was a major and that the allegation of kidnapping is false and petition be allowed.

5. Learned counsel for the respondent state submits that it was a case of kidnapping. That the concerned Sub-Inspector of Police, Mellacheruvu submitted a report dated 06.12.2024 to the Sub-Divisional police OIiicer, Kodad, stating that the Sub-Inspector he accorded permission to refer the case as 'q' Dts as the J JAK, J CRLP 907 2025 victim girl was traced". Learned counsel invited the attention of this Court to the document in C.No.62 / CR/ St-R4 I 2024.

6. Heartl learned counsels and perused the record'

7. Complaint is lodged by mother of Deepavath Anjali stating that petitioner herein has forcibly taken away her daughter at night from Jaggu Thandu Village. B. It is observed that a statement of Deepavath Anj ali was recorded by learned I Additional Judicial Magistrate of First Class, Kodad, which is as follows: "On O1.O4.2O24. I went to Thenali to my relatives house with out informing my mother. So my mother lodgecl missing case. I came back ot O5.O4.2O24 ancl told rny mother that since she was searching for allien<.:es I went to relatives house. Again my rnother starteC searching for marriage alliences. So I told her that I arn in love with one Depavath Hanumanthu. Bu my mother did no accept my love. So, on 05.05.2024, I went ilway with Hanumanthu and got married to him at Vijayawada Kanakadurgamma temple. We stayed in Vijayawada for some days and later carnc to Mattampally and started living in a rented house. One day police came to us and informed about the pending case zrnd brought me to police station."

9. As per the statement, Deepavath Anj ali rn'as in love with the petitioner, they stayed in Vijayawada for some 4 JAK, J CRLP 907 2025 days later rented a house at Mattampally and started living there. It is stated that on O1.O4.2O24 she went to her relative's house without informing her mother and came back on 05.04.2024, that as her mother was searching for alliances she took the step. In the proceedings addressed to the Sub-Divisional Police Officer, I Kodad, by Sub-lnspector of Police, Mellcheruvu Police Station, it is stated that Sub-Inspector of Police be accorded permission to refer the case of Deepavath Anjali as . lodged in the Police Station as "mistake of facts as Deepavath Anjali traced out."

10. On perusal of the entire record, including the statement recorded before the Judicial Officer, it can be inferred that the ingredients of Section 363, punishment for kidnapping are not attracted, as the victim herself stated before the Judicial Officer that she went with the petitioner on her own willingness artd they were staying in a rented house at MattamPallY. JAK, J cRt-P 907 202s 1 1. This Court is of the considered opinion that when ingredients under Section 363 of IPC are not made out in the complaint lodged before the police station registered as F.I.R. No.62 of 2024, dated 30.04.2O24, tbe FIR is liable to be quashed :and is accordingly quashed.

12. With the above observations, this Criminal Petition is allorved. Miscelianeous applications pending, if any, shall stand closerl. I To, //TRUE COPY// Sd/- l/lOi{D. lSt'tAlL ASSIS NT REGISTRAR t CTION OFFICER

1. The Judicial First Class Magistrate at Huzurnagar 2. The Station House Officer, Medlachervu PS, Suryapet District 3. Two CCs to the Public Prosecutor, High Court for the State 6f Telangana, Hyderabad [OUT]

4. One CC to M/s S Chandra Mohan Reddy, Advocate [OPUC] 5. Two CD Copies VA/gh 1 rlE S14 14: .G Qt 2 0 rrB 2025 ( /1 a) o (( \ \:-- : !',1'l a, HIGH COURT DATED:0510212025 ORDER CRLP.No.907 of 2025 ALLOWING THE CRLP p d