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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SMT JUSTICE V.SUJATHA, J
T. Manirajulu – Appellant
Versus
State of AP – Respondent
ORDER :
V.Sujatha, J.
This petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in FIR.No.139 of 2019, on the file of Tirupathi West Police Station, Tirupati Urban District for the offences punishable under Sections 354 D1 (ii) r/w 34 IPC and under Section 67 ITA 2000-2008.
2. The petitioner herein is the accused No.2 and the respondent No.2 is the de-facto complainant. The de-facto complainant had lodged a complaint before the Tirupathi West Police Station stating that the marriage of the daughter of the respondent No.2 namely Smt. D.Revathi with Mr. T.Arun Kumar/accused No.1 has been performed on 16.02.2017 as per Hindu rites and customs. Thereafter, due to matrimonial disputes between them, the accused No.1 has filed H.M.O.P.No.38 of 2018 on the file of the Principal Senior Civil Judge, Chittoor seeking dissolution of marriage and daughter of the complainant has filed a domestic violence case against the 1st accused and his family members. Subsequently, at the instance of mediators and well wishers, the matter has been settled between the parties before Lok Adalath at Tirupati and on 15.12.2018 an award was passed by the Lok
The court quashed the FIR due to vague allegations lacking material evidence, emphasizing the need for specific claims to justify criminal proceedings.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases. The veracity of the allegations in the FIR should be tested by the investigating agency, and the cou....
The court established that under Section 494 IPC, only the husband can be charged with bigamy, not the second wife or her family, leading to quashing of proceedings.
Point of Law : High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of th....
Proceedings against relatives in dowry cases must allege specific conduct; general allegations fail to establish a prima facie case.
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, as it constitutes an abuse of the judicial process.
Section 482 preserves inherent powers of High Court to prevent an abuse of the process of any court or to secure ends of justice. The provision does not confer new powers. It only recognizes and pres....
The court reaffirmed that inherent powers under Section 482 of Cr.P.C. cannot be used to quash proceedings where allegations prima facie constitute an offense.
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