APHC010440262024 IN THE HIGH COURT OF ANDHRA PRADESH [3365]
AT AMARAVATI (Special Original Jurisdiction)
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL REVISION CASE NO: 1031/2024 Between:
Mrs. Yeruva Ajitha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. JESU RATNA KUMAR NELATURI Counsel for the Respondent(S): 1. SREEKANTH REDDY AMBATI
2. PUBLIC PROSECUTOR The Court made the following:
THE HON’BLE JUSTICE Dr. V.R.K.KRUPA SAGAR CRIMINAL REVISION CASE No.1031 of 2024
ORDER:
This Criminal Revision Case, under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.), is filed by accused No.4 assailing the order dated 17.09.2024 of learned Judicial Magistrate of First Class, Special Mobile Court, Guntur, in Crl.M.P.No.2428 of 2024 in P.R.C.No.20 of 2022.
2. Heard arguments of Sri Nelaturi Jesu Ratna Kumar, the learned counsel for revision petitioner and learned Assistant Public Prosecutor representing respondent No.1-State and Sri Posani Venkateswarlu, the learned Senior Counsel being assisted by Sri Jangam Venkata Siva Sai, the learned counsel on record for respondent No.2/victim.
3. For the purpose of disposing of this revision, the following facts are required to be noticed:
The revision petitioner is a married woman. She along with her husband have been residing in the United States of America since the year 2014. Sri Srikanth Reddy is brother of the revision petitioner. His marriage with respondent No.2 was solemnized in India on 25.02.2015. The newlyweds also went to the United States of America and lived there. Disputes arose between the newly married couple.
On the allegation that respondent No.2 was subjected to cruelty by her husband and relatives and that there was an attempt to murder her and there was criminal intimidation and cheating and criminal breach of trust, a written information was lodged and that was registered as Crime No.605 of 2021 for the offences punishable under Sections 498-A, 307, 506 and 420 I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act. After due investigation, a charge sheet was laid before the learned Judicial Magistrate of First class, Special Mobile Court, Guntur. Since the offences alleged are exclusively triable by a Court of Sessions, the learned Magistrate registered the case as P.R.C.No.20 of 2022. In the said case, the present revision petitioner is arraigned as A.4 and her husband is arraigned as A.6.
While the crime incident was under investigation, the investigating officer took the view that the revision petitioner and her husband were absconding. Therefore, he applied to the superior officers who eventually issued LOC/Red Corner Notice against them. Bureau of Immigration (Ministry of Home Affairs), Government of India, issued LOC/Red Corner Notice vide Order No.1/SIC(SCK) LOC/2021-11156 dated 16.11.2021.
The revision petitioner and her husband filed Criminal Petition No.7544 of 2022 before this Court with a prayer to quash the criminal proceedings against them. A learned Judge of this Court by order dated 08.08.2023 quashed the criminal proceedings against the husband of the revision petitioner. In other words, her prayer for quashing the criminal proceedings against her was dismissed. Aggrieved by that order, the revision petitioner preferred an appeal before the Hon’ble Supreme Court of India. In Special Leave to Appeal (Crl.) No.14686 of 2023 their Lordships by an order dated 11.12.2023 directed as mentioned below:
“Further proceedings in PRC/20/2022, pending the Court of Special Judicial First Class Magistrate, shall remain stayed till the next date of hearing.”
Their Lordships of the Hon’ble Supreme Court of India by order dated 19.01.2024 passed the following order:
“By consent, a request is made by the learned counsel appearing for the parties to resolve the dispute by way of mediation. Both the learned counsel appearing for the parties submitted that Hon'ble Mr. Justice Kurian Joseph, former Judge of this Court may be requested to act as a Mediator. In such view of the matter, we request Hon'ble Mr. Justice Kurian Joseph to act as a Mediator to resolve their disputes.
Therefore, we direct the Registry to place the matter before Hon'ble Justice Kurian Joseph, after obtaining his consent, transmit to him all the necessary records pertaining to the case for effecting mediation.
It is his discretion to fix his own fees. The fees has to be apportioned by both the parties.
The parties are permitted to appear virtually, unless required to a
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