APHC010440592019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 8008/2019 Between:

Buddhi Reddy Satyanarayana ...PETITIONER/ACCUSED AND State of A.P. and another ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused:

1. G RAMA GOPAL Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP) 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 against the petitioner/accused No.1 in Crime No.327 of 2019, dated 19.09.2019 on the file of Station House Officer, Muvvalavanipalem Police Station, Visakhaaptnam registered for the offences punishable under Sections 354(a), 376, 419, 420, 452, 498-A, 506, 509 of Indian Penal Code (for short “I.P.C.”) read with Section 156(3) Cr.P.C.

2. The respondent No.2/defacto complaint filed a complaint stating as follows:

a) The complainant’s late husband Tenneti Gowripati Sasthry worked as Professor in Andhra University, Visakhapatnam, they blessed with daughter by name Vidyadhari, after the demise of her late husband on 12.01.1995 she had acquaintance with accused No.1 who was the student of her husband. Accused No.1 used to take care of all the family affairs relating to the defacto complainant and her family and show affection towards them. By believing his attitude, she started live-in relationship with him. On several occasions, she requested accused No.1 to marry her, but he always postponed the issue stating that the reputation of both families will be ruined in the society and informed that they shall wait for right time.

b) The accused No.1 has executed a registered Will dated 03.04.2008, bequeathing a flat in favour of the complainant after his demise. In fact, the complainant paid all the instalments towards the purchase of the said flat from her own funds. Accused No.1 performed the marriage of complainant’s daughter with his nephew. However, after the marriage, accused No.1 began avoiding the complainant without any reason. Some days after the marriage of her daughter, her son-in-law deserted her daughter without any reason, in collusion with accused No.1. With malafide intentions, accused No.1 obtained the complainant’s signatures on blank cheques and white papers by blackmailing and threatening and also asked the complainant to issue blank cheques for payment of EMI’s i.e., car loan and housing loans and to withdraw her family pension. Without any reason accused No.1 neglected the complainant and cheated her in many ways intending to indulge her in false cases on their own names and some other names.

c) In December 2017, accused No.1 and 2 jointly came to her house and insisted the complainant to vacate the house instantly and further, they threatened if she did not hear their words they will see the complainant and her daughter’s end. As she did not listen to those words and asked them to get out of her house they started abusing her in filthy language. Subsequently, accused No.2 with the instigation of accused No.1 abused her physically and thrown her and by catching front part of her blouse with his hand, pressed her body. Accused No.1 beat her many times during live-in relationship, caused grievous hurt and those actions made her to attempt to suicide. Recently accused No.3 also instigated by accused No.1 intends to file false civil and criminal cases against the complainant. Therefore, the complainant lodged a complaint before the IV Additional Chief Metropolitan Magistrate Court, Visakhapatnam, which was forwarded to the concerned Police Station for registration of crime and investigation. Thereupon, the police registered a case in crime No.327 of 2019, dated 19.09.2019 against the accused Nos.1 to 3.

3. Heard learned counsel for the petitioner and learned Public Prosecutor for responde