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2026 Supreme(Online)(AP) 32346

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3604]

(Special Original Jurisdiction)


2026:APHC:35668, APHC010267712025


CRIMINAL PETITION NO: 6761/2025



Between:


1. RAMASWAMY PERIYANNAN, R/O D.NO.6, VAIRAM STREET, VEERAVANCHATRAM, ERODE, TAMILNADU.


2. AMUDHA RAMASAMY,, W/O RAMASWAMY, R/O D.NO.6, VAIRAM STREET, VEERAVANCHATRAM, ERODE, TAMILNADU.


...PETITIONER/ACCUSED(S)


AND


1. THE STATE OF ANDHRA PRADESH, REP BY INSPECTOR OF POLICE DISHA WOMENPS, KAKINADA P.S, KAKINADA/EAST GODAVARI DISTRICT, REP BY PUBLIC PROSECUTOR, HIGHCOURT OF AP, AMARAVATHI.


2. SHAIK ABIDA, W/O MOHAMMAD ALI BASHA, AGED ABOUT 30 YEARS, MUSLIM, OCC HOUSE WIFE, R/O. H.NO.58-1-72, JAGANNADHAPURAM, MARKET STREET, KAKINADA, KAKINADADISTRICT, ANDHRA PRADESH


...RESPONDENT/COMPLAINANT(S):


THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM


WEDNESDAY, THE 2nd DAY OF SEPTEMBER 2026


________________________

SUNITHA GANDHAM, J


02.09.2026


Vns

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 may be pleased to call for the records relating to and connected with PRC.No. 14 of 2024, in the court of the I ADDITIONAL JUDICIAL FIRST CLASS, MAGISTRATE, cum I ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION), AT KAKINADA, Kakinada District (EastGodavari District)and quash the same against the petitioners

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 condone the delay of 5 days in representingthe CrI.P.SR No: 6891 of 2025, in the interest of justice and to pass

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 dispense with filing of certified copy of PRC.No.14 of 2024, in the court of the ADDITIONAL J.F.C, MAGISTRATE,KAKINADA, Kakinada District (East Godavari District), and to pass

IA NO: 3 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 of all further proceedings in PRC.No.14 of 2024, in the court of the I ADDITIONAL JUDICIAL FIRST CLASS, MAGISTRATE, cum I ADDITIONAL CIVIL JUDGE (JUNIOR DIVISION), AT KAKINADA, Kakinada District (East Godavari District) including the personal appearance of the petitioners, pending the disposal of the main CriminalPetition, and pass

Counsel for the Petitioner/accused(S):

1. J M NAIDU

Counsel for the Respondent/complainant(S):

1. N SIVA REDDY

2. PUBLIC PROSECUTOR

The Court made the following:

THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM

CRIMINAL PETITION No: 6761 OF 2025

This Criminal Petition is filed by the petitioners/accused Nos.7 and 8 toquash the proceedings in P.R.C.No.14 of 2024 on the file of the First Additional Judicial Magistrate of First Class, Kakinada, against the petitioners of the offences under Sections 498-A, 313, 342, 506 of IPC (hereinafter referred to as „the Code‟) and Section 3 & 4 of the Dowry Prohibition Act(hereinafter referred to as „the D.P.Act‟).

2. Case of the petitioners is thus:

(a) That the marriage of the accused No.1 and respondent No.2 was solemnized on 19.06.2014 as per Muslim rights and caste customs. They set up separate family. Thereafter, due to disputes, they took divorce on 16.05.2017. After confirming the same, petitioners performed marriage of their daughter i.e. accused No.6 with accused No.1 under the Special Marriage Act on 25.01.2018 and the same is registered. The petitioners belong to respectable family and they are implicated in the case with malafide intention. Nothing attributed against the petitioners, to attract the punishable sections. Petitioners have not committed any offence much less as alleged by the respondent No.2 and in fact, respondent No.2 unnecessarily dragged them to court. Absolutely there is no material against the petitioners. They are no way concerned with the alleged miscarriage, demand of dowry, cruelty and otherallied aspects.

3. Case of the prosecution is thus:

(a) That the marriage of the accused No.1 and respondent No.2 was solemnized on 19.06.2014, they set up separate family and at the time of marriage, parents of the respondent No.2 have given dowry and other lanchanams to the accused No.1 and his parents. They lead marital life for some period. Thereafter, accused No.1 and his family members started harassing the respondent No.2 demanding additional dowry or else to give divorce. On one occasion, when the respondent No.2 received photos along with messages from one Deepika, she questioned her husband i.e. accused No.1 about the said Deepika. Thereafter, he informed that he had love affair with the sa

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