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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA, J
Surepalli Solomon, S/o Satyadas @ Moses – Appellant
Versus
State of Andhra Pradesh, Rep. By It's Public Prosecutor – Respondent
ORDER :
Venkata Jyothirmai Pratapa, J.
The instant petition under Section 482 of Code of Criminal Procedure, 1973 , [for short ‘ Cr.P.C ’] has been filed by the Petitioner/Accused No.1 seeking to quash the proceedings against him in Crime No.252 of 2022 on the file of Jaggaiahpet Police Station, NTR District for the offences punishable under Sections 376 , 417 and 506 read with 34 of the Indian Penal Code, 1860 , [for short ‘I.P.C.’]
2. Heard Sri O. Manohar Reddy, learned Senior Counsel representing Sri J.V. Phaniduth, learned counsel for the Petitioner and Ms.K. Priyanka Lakshmi, learned Assistant Public Prosecutor for State/Respondent No.1. Despite providing sufficient opportunity, learned counsel for Respondent No.2 did not turn up to submit arguments.
3. Learned Senior Counsel for the Petitioner would submit that a bare reading of the report given by Respondent No.2 does not disclose the commission of the alleged offences by the Petitioner. Learned Senior Counsel would further submit that, as the marriage proposal of Respondent No.2 with the Petitioner/Accused No.1 was rejected by the Petitioner and his family members, who are the other Accused in the present crime, having borne gr
The court emphasized that inherent powers under Section 482 of the Cr.P.C. should be exercised cautiously, allowing investigations unless no cognizable offence is disclosed.
The consent of a woman under Section 375 is vitiated on the ground of a 'misconception of fact' where such misconception was the basis for her choosing to engage in the said act.
The court affirmed that inherent powers under Section 482 of the Cr.P.C. should be exercised sparingly, and quashing of proceedings is not warranted unless allegations do not constitute a cognizable ....
The inherent powers of the court can quash criminal proceedings when the victim expresses no desire to proceed, especially following reconciliation and marriage, despite serious charges under IPC.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
The court held that the FIR for rape was quashed as the relationship was consensual, and continuation of proceedings would cause undue prejudice, affirming the importance of consent and the role of c....
The court ruled that allegations of rape under Section 376 IPC were not established, allowing quashing of the FIR based on the consensual nature of the relationship and the parties' subsequent marria....
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