APHC010063112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 1372/2025 Between:

1. R ACHAMALLU SUJATHA, W/O.VENUTHURLA AMARANADHA REDDY AGED ABOUT 43 YEAR7S, R/O.D.NO.1/121, VELIDANDIA VILLAGE, LINGALA MANDAL, KADAPA DISTRICT.

...PETITIONER/ACCUSED AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI.

2. M UDAMALA SAI SWETHA SWETHA, AGED 31 YEARS, W/O.

RACHAMALLU RAM PRASAD REDDY, OCC.SOFTWARE EMPLOYEE, R/O.PULLAMPET VILLAGE AND MANDAL, ANNAMAYYA DISTRICT.

...RESPONDENT/COMPLAINANT(S):

Petition under 482 of Cr.P.C and 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 Proceedings in C.C. No.128 of 2024 on the file of the Court of Judicial Magistrate of I Class, Nandalur, Annamayya District, against the Petitioner/Accused No.4 IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to dispense with the filing of the Certified copy of Charge Sheet in C.C. No. 128 of 2024 on the file of the Court of Judicial Magistrate of I Class, Nandalur, Annamayya District, in the interest of justice, IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all and further proceedings in C.C.No.128 of 2024 on the file of the Court of Judicial Magistrate of I Class, Nandalur, Annamayya District, including appearance of the Petitioner/Accused No.4, pending disposal of the quash petition, Counsel for the Petitioner/accused:

1. HARINADH NIDAMANURI Counsel for the Respondent/complainant(S):

1. MAHESWARI ARIKA

2. PUBLIC PROSECUTOR The Court made the following:

ORDER

The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) seeking to quash the proceedings against the Petitioner/Accused No.4 in C.C.No.128 of 2024 on the file of the learned Judicial Magistrate of First Class, Nandalur, Annamayya District registered for the alleged offences punishable under Sections 498-A read with 34 of the Indian Penal Code, 1860 (for brevity, ‘the IPC’) and Section 4 of Dowry Prohibition Act, 1961 (for brevity, ‘the D.P.Act’).

2. Heard the learned counsel for the petitioner, learned Assistant Public Prosecutor for Respondent No.1 and the legal aid counsel for Respondent No.2.

3. In this regard it is apposite to refer to the judgment of he High Court of Allahabad, in Mukesh Bansal v. State of U.P, 12022 SCC OnLine All 395 at paragraph Nos.48 and 49, held as under:

“48. Thus assesing the totality of the circumstances, object and the allegation of misuse of this piece of legislation in a shape of Section 498A IPC, the Court is proposing the safeguards after taking the guidace from the judgment of Hon'ble the Apex Court in the case of Social Action Forum for Manav Adhikar v. Union of India (Supra) keeping in view the growing tendency in the masses to nail the husband and all family members by a general and sweeping allegations.

49. Thus, It is directed that:—

(i) No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the “Cooling-Period” which is two months from the lodging of the FIR or the complaint. During this “Cooling-Period”, the matter would be immediately referred to Family Welfare Committe(hereinafter referred to as FWC) in the each district.

(ii) Only those cases which would be transmitted to FWC in which Section 498-A IPC along with, no injury 307 and oth