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2025 Supreme(Online)(AP) 10757
HIGH COURT OF ANDHRA PRADESH
N. HARINATH, J
vankayalapati- Kiranmayee – Appellant
Versus
The State of Andhra Pradesh – Respondent
Criminal Petition No.-104 of 2023
For the Appellants/Petitioners: Sri Vivekananda Virupaksha
For the Respondents: Public Prosecutor, Sri Doddala Koteswara Rao
Judicial discretion under Section 482 of Cr.P.C can be exercised to quash proceedings that are legally unsustainable or oppressive.
Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Quashing of proceedings - Petition filed seeking to quash proceedings against the petitioner in a criminal case under various sections of IPC and Dowry Prohibition Act - The court emphasized the need for judicial intervention when proceedings are oppressive or legally untenable. (Paras 1, 2)
Facts of the case:
The petitioner sought to quash entire proceedings pending against them, claiming that the charges were unfounded and oppressive, including allegations under IPC and Dowry Prohibition Act.
Findings of Court:
The court extended the interim order previously granted, allowing the petitioner to refrain from appearing until the next hearing date to ensure fairness in judicial proceedings.
Issues: The pivotal issue was whether the court should intervene to quash proceedings based on the merits and when genuine legal concerns arise regarding the charges.
Ratio Decidendi: The court reiterated that under Section 482 of the Cr.P.C, it holds the discretion to quash proceedings to prevent abuse of the legal process and uphold justice. This involves assessing the allegations' sustainability at the prima facie level.
Result: The matter is posted for further hearing with the interim order extended until the next date.
| Table of Content |
|---|
| 1. petitioner's request to quash proceedings (Para 1) |
| 2. court's interim order extension and jurisdiction exercise (Para 2) |
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!`+
THURSDAY, THE NiNETEENTH DAY OF JUNE, TWO THOUSAND AND TWENTY FIVE .-PRESENT.I THE HONOURABLE SRI JUSTICE HARINATH N CRIMINAL PETITION NO.-104 OF 2023 Between :
vankayalapatI- Kjranmayee, D/o Venkateswarlu, Aged about 54 Years, R/o Flat No.407, Este]la Apartment, whI-te Field Road, LakshmI- Cyber city, Kondapur, Hyderabad, Telangana;'-pI'n Code 500084.
...PetI'tiOner/Accused No.7 •. AND
1. The State of Andhra prac!esh, Rep. by the public Prosecutor, High Court of Andhra pradesh at Amaravatj.
.,.Respondent
2. Goduguluri Naga Jyothi, W/o Srinivasa Rao, Aged about 41 Years, FIat No.501, Brundavan Apartment, opposite IDBA Bank, 7Th Line, Vl'kas Nagar, saibaba Road, Guntur, cell 9490820143 ...Respondent/Defacto -complainant petiti'on under section 482 of Cr.P.C is filed prayI-ng that in the circumstances stated in memorandum of grounds of criminal petjtjon, the High Court may be pleased to quash the entI're PrOCeedI'ngS jn C.C.Not736 of 2018 on the f[Ie of the Learned special Judicial I Class Magistrate for prohjbitI'On and Excise, Guntur, for the offences under sections 498A, 323, 509 and 109 of the lnciI-an Penal Code and sections 3 and 4 of the Dowry prohI-bjt]'On Act, arising out of crime No.323 of 2016 on the file of the women police Stat]'on, Guntur, as agal-nst the petitioner herein/Accused No.7, in the ]'nterest of equity and justice whjie exercising I|tS inherent jurI'SdiCtjOn under SectI|On 482 of Cr.P.C .
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IA NO: 1OF 2023 petition under Section 482 of Cr.P.C is filed praying that in the circumstances stated in memorandum of grounds of criminal petition, the High court may be pleased to grant stay of all further proceedings, aS against the petit'IOner here-ln/Accused No.7, including the appearance Of the Petitioner herein in c.c.No.736 of 2018 on the file of the Learned Special Judicial I class Magistrate for Prohibition and Excise, Guntur, for the offenCeS under sections 498A, 323, 509 and 109 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, arising out of Crime No.323 of 2016 on the file of the women police station, Guntur, pending disposal Of CRLP No.104 of
2023, on the file Of the High Court.
The Petition coming On for-`hearing, upon PeruS-lng the Petition and the memorandum of grounds filed in`support thereof and the earlier order of the High Court dated 04.01.2023, 20.12.2023, 01.02.2024, 12.04.2024, o9.08.2024 & 03.10.2024, 22.ll.2024 & 19.02.2025 made herein and upon hearing the arguments of sri vivekananda virupaksha, Advocate for the petitioner and public prosecutor for the Respondent No.1, Sri. Doddala KotesWara Rao, Advocate for the Respondent No.2, the court made the I \._' `
following ORDE l[post the matter on 04.07.2025.
Interim Order granted earlier stands extended till then."
