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 proceedings in C.C.No.110 of 2021 on the file of the Court of the Honourable Judicial Magistrate of First Class, Kothavalsa 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 to dispense with the certified copy of the Charge Sheet in C.C.No.110 of 2021 for the alleged offences under 498A. 406 r/w IPC and Section 3.4 and 6 of Dowry prohibition Act, 1961, on the file of Honourable Judicial Magistrate of First Class. Kothavals Vizianagaram District. in the interests of justice.

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 grant stay of all further proceedings in C.C.No.110 of 2021on the file of the Court of the Honourable Judicial Magistrate of First Class, Kothavalsa including dispensing with the presence of the petitioners. pending disposal of the Criminal Petition and pass

Counsel for the Petitioner/accused(S):

1. VUBBARA DUSHYANTH REDDY

Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP)

THE HON’BLE SRI JUSTICE K SREENIVASA REDDY

Criminal Petition No.4352 of 2023

ORDER:

This Criminal Petition has been filed by the petitioners/accused Nos.2 to4 under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.110 of 2021 on the file of the learned Judicial Magistrate of First Class, Kothavalsa, for the alleged offences punishable under Sections 498-A and 406 read with 34 of Indian Penal Code, 1860 (for brevity ‘IPC’) and Sections 3, 4 and 6 of Dowry Prohibition Act, 1961 (for brevity ‘the DP Act, 1961’).

Brief facts of the case are that, 2nd respondent/de facto complainant, a resident of Katakapalli Village, Vizianagaram District, came into acquaintance with A1 during her Intermediate studies in the year 2014–2015, and A1 proposed to marry her. On 01.03.2015, A1 along with A4 took 2nd respondent/ de facto complainant to Madanapalli without the knowledge of her parents and on 04.03.2015 performed marriage with her at Sri Venkateswara Swamy Temple in the presence of A2 to A4. Thereafter, 2nd respondent/de facto complainant started residing with A1 and her in-laws, and her family members provided cash and gold ornaments at the time of marriage and subsequent occasions. It is alleged that after some time A1 and the other accused subjected 2nd respondent/de facto complainant to mental and physical harassment and demanded money on several occasions. The parents of 2nd respondent/de facto complainant were alleged to have paid various amounts, including Rs.2,00,000/-, to meet the demands of A1. Due to the alleged harassment, 2nd respondent/de facto complainant repeatedly returned to her parental home and later rejoined A1. However, the accused alleged to have continued their harassment towards her, and on 28.06.2020 A1 asked LW.2- C.Muralikrishna, father of 2nd respondent/de facto complainant to take back to her parental home.

Learned counsel for the petitioners submits that all the allegations are directed against accused No.1 and there is no resemblance of evidence as against the petitioner Nos.1 to 3/accused Nos.2 to 4 except mentioning the names of the petitioner Nos.1 to 3/accused Nos.2 to 4. Learned counsel for the petitioners further submits that the marriage of the accused No.1 and 2nd respondent/de facto complainant was performed about 7 years back and pursuant to the marriage, the accused No.1 and 2nd respondent/ de facto complainant stayed separately. Accused Nos.2 and 3 are the parents of accused No.1, accused No.3 is the brother of accused No.1 and they are living separately as ac