APHC010334552021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY ,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 5180/2021 Between:

Smt. Jogi Kanakaveni, and Others ...PETITIONER/ACCUSED(S)

AND Penta Adi Lakshmi and Others ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused(S):

1. K RAMA KOTESWARA RAO Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP)

2.

The Court made the following:

ORDER

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in F.I.R.No.319 of 2021 on the file of Dowaleswaram Police Station, Rajamahendravaram Urban District.

2. The petitioners herein are accused Nos.2 to 5 who are mother, sister, brother and cousin of the 1^st accused respectively and the 1^st respondent is the defacto complainant. The defacto complainant has submitted a complaint to the Police stating that she is residing along with her parents and is studying degree final year. It is stated that the accused No.1 has been following the defacto complainant since 4 years and that she fell in love with him. The 1^st accused has promised that he would marry her and thus, with a deceitful intention took her to the Pushakargot, Bommur in the year 2017 where the 1^st accused met the defacto complainant physically. Thereafter, the defacto complainant advised several times that it is not proper, but the accused No.1 has threatened to commit suicide, due to which the defacto complainant had to accept physical relationship with him.

3. In the year 2020, the 1^st accused used to come to the aunt’s house of the defacto complainant, even then he maintained physical relationship with the defacto complainant; when he was advised that it is improper, the 1^st accused had informed the parents of the defacto complainant that he would not marry her. Thereafter, though the father and paternal grandmother of the defacto complainant talked to him, he initially agreed to marry her, but had later rejected the same. At that juncture, the defacto complainant informed the same to the father and sister of the 1^st accused. Thereafter, the mother of the 1^st accused, without bringing to the knowledge of the defacto complainant herein has kept the 1^st accused at his maternal aunt’s house in Hyderabad. When the defacto complainant made a call to the younger brother of the 1^st accused, the petitioner was abused with filthy language and the 1^st accused has stated that he has no intention to marry her except maintaining physical relationship. Subsequently, after coming to know the whereabouts of the 1^st accused, the defacto complainant went to Hyderabad and found the 1^st accused in the house of one Raji i.e. the 4^th petitioner herein, who is the daughter of maternal aunt of the 1^st accused. When the 1^st accused denied to come along with the defacto complainant, she called the Police upon which, the 1^st accused agreed to come along with her and they boarded train to Vijayawada on 25.06.2021. In Vijayawada, they both got down the train and the 1^st accused talked with his mother through phone subsequent to which, the 1^st accused ran away from the place leaving the defacto complainant alone in the Vijayawada Railway Station. Stating thus, the defacto complainant has filed a complaint before the Dowaleswaram Police Station and accordingly, a case was registered as against all the accused in crime No.319 of 2021 for the offences punishable under Sections 417, 376(2)(n) read with Section 34 IPC. Requesting to quash the aforementioned case, the petitioners/accused 2 to 5 have filed the present criminal petition.

4. When the criminal petition came up for hearing on 14.09.2021, this Court has passed the following order:

“…Therefore, in the said facts and circumstances of the case, there shall be interim stay of further proceedings only against the petitioners, who are A-2 to A-5, in Cri