High Court allowed criminal petition, quashing order permitting divorcee to prosecute sister/brother-in-law for dowry offences following marriage dissolution and mutual compromise agreement.
Criminal Petition allowed by quashing the Order dated 28.09.2019 in Crl.P.No.7926 of 2019; all pending applications stood closed.
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.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA CRIMINAL PETITION NO.595 of 2020
Between:-
Harikasree & another
…. Petitioners/A.4 & A.5
And
….. Respondents
Counsel for the Petitioner : Mr.K.Mohan Rami Reddy
Counsel for the 1st Respondent : Learned Public Prosecutor
Counsel for the 2nd Respondent : Mr.D.Kondanda Rami Reddy
ORDER:
Heard learned counsel for the petitioners. Also heard learned Assistant Public Prosecutor appearing for the 1st respondent-State.
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IPC and Sections 3 & 4 of Dowry Prohibition Act. But, the police filed Charge
Sheet against A.1 to A.3 for the offences punishable under Section 498-A R/w Section 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act
and shown the petitioners herein i.e., A.4 & A.5 as ‘Not Charged’. He submits that in view of the same, the 2nd respondent/de facto complainant filed the above said miscellaneous petition and the same was allowed by an order dated 28.09.2019, against which the present quash petition is filed. The learned counsel submits that accused No.1 filed a petition seeking divorce vide M.C.No.2066 of 2020 against the de facto complainant, recently a compromise was entered into between the parties and in view of the same, the marriage was dissolved by an order dated 04.11.2022 passed by the II Additional District Judge, Family Court, Bangalore.
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___________________________ JUSTICE NINALA JAYASURYA
Date: 06.02.2023
IS
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THE HON’BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION NO.595 of 2020
Date: 06.02.2023
IS
2 issues framed by the court
Whether continuation of proceedings against petitioners constitutes abuse of process of law considering dissolution of marriage and compromise agreement.
Whether Criminal Petition seeking to quash previous order deserves allowance.
3 provisions across 3 enactments
HARIKASREE AND ANOTHER
STATE OF ANDHRA PRADESH
GOWNIVARI JHANSI LAKSHMI
NINALA JAYASURYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
