Single-judge High Court rejected a petition under Section 482 CrPC seeking quashing of criminal proceedings. The court found merit in the allegations and directed the police to conduct investigation and file a report within four weeks.
No relief granted; petition dismissed; police directed to investigate and file report within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY CRIMINAL PETITION NO.3075 OF 2021
ORDER:-
The Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings in crime No.85 of 2021 of III Town police station, Ananthapuram registered against the petitioners/accused for the offences punishable under Sections 324, 448, 427, 506 read with 34 IPC.
2nd respondent/defacto complainant is working as an Assistant Professor, JNTU College of Engineering, Ananthapuram. A.4 is his wife. She is working as Junior Assistant, District Panchayat Office, Ananthapuramu. A.1, who is father of A.4, is in Government Service working as Executive Engineer, S.C. Corporation, Chittoor district. A.2 is wife of A.1 and she is a home maker. A.3 is son of A.1 and A.2. He is studying B.Tech. graduation for the last 10 years and he is unable to complete the course.
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2nd respondent/defacto complainant and A.4 are living separately for the last six months on their matrimonial issues. They were blessed with a female child by name Prashvitha Sai born on 21.04.2016. Despite pursuading A.4 to join matrimonial home, for some reason or the other, she is not joining 2nd respondent/defacto complainant.
It is alleged that on 26.10.2020, A.1 to A.4 reached the house of 2nd respondent/defacto complainant and assaulted him. One M.Pavan Kumar, younger brother of 2nd respondent / defacto complainant tried to resist the accused. Still, they could not stop A.1 to A.4 from causing damage to the house and parents of 2nd respondent/complainant. Thereafter, they alleged to have abused them in filthy language. A.1 to A.4 took away gold ornaments and clothes from the house. Severe injuries were caused to 2nd respondent/defacto complainant and his family members. Hence, the private complaint came to be lodged.
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some time, learned counsel for the petitioner confined his arguments to the extent of dispensing with the presence of petitioners/accused.
Miscellaneous petitions, if any pending, in the Criminal Petition, shall stand closed.
_________________________________ JUSTICE K. SREENIVASA REDDY
01.09.2022 DRK
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THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY
CRIMINAL PETITION NO. 3075 OF 2021
01.09.2022
DRK
2 issues framed by the court
Whether the High Court should quash criminal proceedings under Section 482 CrPC in a matrimonial dispute involving allegations of assault and trespass.
Whether the presentation of a counter case justifies the quashing of pending criminal proceedings at this stage.
4 provisions across 2 enactments
Petitioners/Accused
2nd Respondent/Defacto Complainant
K. SREENIVASA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
