APHC010576312023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3327]

(Special Original Jurisdiction)

TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 8933/2023 Between:

1. BRAHMA SUBBARAO, S/O SRIRAMA MURTHY. AGED 35 YEARS. FLAT NO.401. SRI SAI RESIDENCY, ICR LAYOUT.

PANATHU. BENGULURU CITY (AL)

2. BRAHMA SRIRAMA MURTHY, S/O VENKATESWARA RAO.

AGED 66 YEARS, R/O D.NO.36-072-M138. TOWER LINE. ROAD NO.3, NIRMALA NAGAR. NEAR YSR PARK.

PANDIRIPURAM. ONGOLE (A2)

3. BRAHMA RAJESH, S/O SRIRAMAMURTHY, AGED 34 YEARS, R/O AT FLAT NO.001, MITHUN SAI PARADISE. NEAR KEMPAMMA TEMPLE, BENGULURU (A3)

...PETITIONER/ACCUSED(S)

A N D

1. SHO OF DISHA PS, . VIJAYAWADA, REP. BY ITS PUBLIC PROSECUTOR. HIGH COURT OF AP AT AMARAVATI.

2. BRAHMA ANJALI, W/O SUBBARAO D/O G D CH. NAGARAJ AGED 32 YEARS, R/O AT FLAT NO.401, R.S.TOWERS YENAMALAKUDURU. VIJAYAWADA CITY ...RESPONDENT/COMPLAINANT(S):

Petition under Section 437/438/439/482 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 Pleased to quash the charge sheet in C.C.No.545/2022 of II Addl.Chief Metropolitan Magistrate. Vijayawada for an offence under sec. 498A of IPC and sec. 3 and 4 of the D.P Act against the petitioners herein and pass IA NO: 1 OF 2023 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 certified copy of the charge sheet in CC No.545/2023 on the file of the II Addl. Chief Metropolitan Magistrate, Vijayawada as the petitioners fded the Xerox copies of the charge sheet filed for kind perusal by this Hon’ble court, pass IA NO: 2 OF 2023 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 of all further proceedings relating the C,C.No.545 of 2023 to on the file of the 11 Addl.Chiet Metropolian Magistrate, Vijayawada pending disposal of the quash petition and pass IA NO: 3 OF 2023 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 appearance of the petitioners relating to the CC NO.545/2023 on the file of the II Additional Metropolitan Magistrate, Vijayawada pending disposal of the Criminal Petition and pass Counsel for the Petitioner/accused(S):

1. VARUN BYREDDY Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP)

2. YASWANTH GADE The Court made the following:

O R D E R

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) has been filed by the petitioners/ Accused Nos.1 to 3, to quash the charge sheet in Calendar Case No.545 of 2022 pending on the file of the learned II Additional Metropolitan Magistrate, Vijayawada, arising out of a case in Crime No.104 of 2022 of Disha Police Station, Vijayawada city, registered against the petitioners/Accused Nos.1 to 3, for the offences punishable under Section 498A of the Indian Penal Code, 1860 (for brevity ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for brevity ‘the DP Act, 1961’).

2. The allegations levelled as against the petitioners/accused Nos.1 to 3 in the charge sheet, in brief, are that accused No.1 is the husband of respondent No.2/de facto complainant, accused No.2 is the father of accused Nos.1 and 3 and accused No.3 is the elder brother of accused No.1.

(b) The marriage of respondent No.2/de facto complainant was solemnized with accused No.1 on 21.05.2014 as per Hindu Rites and Caste Customs; that for sometime after the marriage, respondent No.2/de facto complainant and accused No.1 led happy matrimonial life and her in-laws also looked after her well; that subsequently, accused