Allowed

Datla Phani Kumar v. the State of Andhra Pradesh

Andhra Pradesh HC16 Sept 2024CRLP/6222/2024

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition and connected interim applications to quash proceedings against the accused husband for offenses under Sections 498-A IPC and the Dowry Prohibition Act. The court found a valid compromise between the parties, supported by an agreed maintenance payment, discharged requirements of voluntariness, and allowed the petition.

What did the court decide?

Criminal Petition No. 6222 of 2024 and Interim ApplicationsNos. 1, 2, and 3 were allowed; criminal proceedings under Sections 498-A IPC and Dowry Prohibition Act were quashed.

Datla Phani Kumar Vs the State of Andhra Pradesh — Dowry and Cruelty | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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TUESDAY ,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI LA. NOS.1 AND 2 OF 2024

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IN/AND CRIMINAL PETITION NO: 6222 OF 2024

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Between:

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Datia Phani Kumar, S/o Venkata Narasimha Raju, age about 51 years, R/o Sivadevuni Chikkala, Palakollu Mandal, now at H.No.402,^BrioLake Breeze, Apartment, 8th cross, 3rd main, Ciffee Board Layout, Bangalore.

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...Petitioner/AI

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi through P.S. Bhimavaram I Town Police Station.

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... Respondent/State

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Datia Vinitha, W/o Phani Kumar, age about 43 years, R/o 0pp. Market Yaard, Narasayya Agraharam, Bhimavaram Town, West Godavari District.

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...Respondent/Defacto-Complainant

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Petition under Section 528 of Bharatiya Nyaya Suraksha^Sanhitha (Old Section 482 of Cr.P.C) praying that in the circumstances stated in the

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Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and quash the Charge^{Sheetdated08-02-} 2022, on the file of the II Additional Judicial Magistrate of First Class, Bhimavaram, in connection with Crime No.617 of 2021, on the file of Bhimavaram I Town Police Station, West Godavari District.

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I.A. NO: 1 OF 2024

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Between:

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Datia Vinitha, W/o Phani Kumar, age about 43 years, R/o 0pp. Market Yaard, Narasayya Agraharam, Bhimavaram Town, West Godavari District.

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...Petitioner/2"‘‘ Respondent/

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Defacto-Complainant

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AND

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Datia Phani Kumar, S/o Venkata Narasimha Raju, age about 51 years, R/o Sivadevuni Chikkala, Palakollu Mandal, now at H.No.402,^BrioLake Breeze, Apartment, 8th cross 3rd main, Ciffee Board Layout, Bangalore.

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.. .Respondent/Petitioner/A1

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The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi through P.S. Bhimavaram I Town Police Station.

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.. .Respondent/State

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Petition under Section Section 359 (6) Bharatiya Nagarik^Suraksha Sanhitha (Old Section 320 (4) of Cr.P.C) praying thatⁱⁿ the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to permit the petitioner to compound the offences under

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Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act in connection with Crime No.617 of 2021, on the file of^Bhimavaram I Town Police Station, West Godavari District.

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I.A. NO: 2 OF 2024

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Between:

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Datia Vinitha, W/o Phani Kumar, age about 43 years, R/o 0pp. Market Yaard, Narasayya Agraharam, Bhimavaram Town, West Godavari District.

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...Petitioner/2"'' Respondent/

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Defacto-Complainant

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AND

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Datia Phani Kumar, S/o Venkata Narasimha Raju, age about 51 years, R/o Sivadevuni Chikkala, Palakollu Mandal, now at H.No.402,^BrioLake Breeze, Apartment, 8th cross, 3rd main, Ciffee Board Layout, Bangalore.

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... Respondent/Petitioner/A1

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The State Of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh at Amaravathi through P.S. Bhimavaram I Town PoliceStation.

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... Respondent/State

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Petition under Section 359 (2) Bharatiya Nagarik Suraksha^Sanhitha (Old Section 320 (2) of Cr.P.C) praying that in the^{circumstancesstated} in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to record the compromise between both the parties and quash the proceedings against the 1st respondent/AI in connection^{withCrimeNo.617}

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of 2021, on the file of Bhimavaram I Town Police Station,^WestGodavari District.

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I.A. NO: 3 OF 2024

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Petition under Section 528 of Bharatiya Nyaya Suraksha Sanhitha (Old Section 482 of Cr.P.C) praying that in the circumstances^stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings against the petitioner in Charge Sheet dated 08-02- 2022, on the file of the II Additional Judicial Magistrate of First Class, Bhimavaram, in connection with Crime No.617 of 2021 on the file of Bhimavaram I Town Police Station, pending disposal of the Quash Petition.

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This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri K V L Narasimha Rao, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri Polisetti Radha Krishna, Advocate for the Respondent No.2

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The Court made the following Order:

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APHC010387642024

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3368]

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(Special Original Jurisdiction)

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TUESDAY,THE SEVENTEENTHDAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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CRIMINAL PETITION NO: 6222/2024

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Between;

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Datia Phani Kumar

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...PETITIONER/ACCUSED

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AND The State Of Andhra Pradesh and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitioner/accused: 1.KVLNARASIMHA RAO Counsel for the Respondent/complainant(S): 1.POLISETTY RADHA KRISHNA 2.PUBLIC PROSECUTOR

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The Court made the following:

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COMMON ORDER:

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lA Nos.1 and 2 of 2024 in/and Criminal Petition No:6222 of 2024

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This Criminal Petition, under Section on 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (old Section 482 of Cr.P.C. ) has been filed on behalf of the petitioner herein/Accused to quash the proceedings in Crime No.617 of 2021 on the file of the

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Bhimavaram I Town Police Station, West Godavari District, registered for the offences punishable under Sections^498A I PC and Sections 3 and 4 of the Dowry Prohibition Act.

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Heard learned counsel for the petitioner and learned counsel representing for the unofficial respondent No.2 {de factocomplainant) and learned Assistant Public Prosecutor representing the State are present.

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Today, when the matter is taken up, petitioner herein/Accused and 2^^ respondent herein are present^beforethis Court. They produced their respective aadhar cards in proof of their identity. Learned counsel for the petitioner^{andthelearned} counsel for 2^^ respondent and the concerned Police have identified both the parties in the open Court.

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This Court has questioned 2'^^ respondent herein/be^facto complainant with regard to compromise, and she categorically stated to that extent that she has voluntarily entered into compromise with the petitioner herein/Accused. This^Court is satisfied with the identification of the parties and^{voluntarinessin} arriving at the compromise. In view of the compromise^between the parties, the chances of conviction are remote and^bleak.

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In the light of judgment of the Hon’ble Apex Court^inthe case of Gian Singh Vs. State of Punjab & another\ on quashing of criminal case, when the parties entered into settlement and compromise, the Criminal Petition is^allowedand therefore, the case proceedings in Crime No.617 of^2021onthe file of the Bhimavaram I Town Police Station, West^Godavari District registered for the offences punishable under^Sections498 A, IPC and Sections 3 and 4 of the Dowry Prohibition^Act,against the petitioner herein/ Accused is hereby quashed.

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Accordingly, I.A.Nos.1 and 2 of 2024 and Criminal Petition No.6222 of 2024 are allowed.

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As a sequel thereto, the miscellaneous petitions, if any,

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pending in this Criminal Petition shall stand closed.

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^^12 (9) Scale 257 SDI- G HELA NAIDU ASSISTANT REGISTRAR

i //TRUE COPY//

SECTION OFFICER

To,

The II Additional Judicial Magistrate of First Class,^Bhimavaram.

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The Station House Officer, P.S. Bhimavaram I Town^{PoliceStation.}

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One CC to Sri. K V L Narasimha Rao, Advocate [OPUC]

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One CC to Sri. Polisetti Radha Krishna, Advocate [OPUC]

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Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT]

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Two CD Copies

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sree

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(Along With Joint Compromise Memo To The Addresses)

HIGH COURT

DATED:17/09/2024

COMMON ORDER

lA Nos.1 & 2 of 2024 in/and CRLP.No.6222 of 2024

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ALLOWING THE CRIMINAL PETITION AND ALLOWING I.A.Nos.2 &3

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IN THE HON'BLE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

CRL.P.No. OF 2024

AGAINST

Crime No.617 of 2021

On the file of Bhimavaram I Town Police Station.

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BETWEEN:

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Datia Phani Kumar S/o Venkata Narasimha Raju, age about 51 years, R/o Sivadevuni Chikkala, Palakollu Mandal, now at H.No.402, Brio Lake Breeze, Apartment, 8th cross, 3rd main, Ciffee Board Layout, Bangalore.

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Petitioner/AI

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AND

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Datia Vinitha W/o Phani Kumar, age about 43 years R/o 0pp. Market Yaard, Narasayya Agraharam Bhimavaram Town, West Godavari District.

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Respondent/Defacto-Complainant

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JOINT MEMO FILED ON BEHALF OF BOTH THE PARTIES

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It is submitted that the marriage between the petitioner and respondent was solemnized on 02-08-2008 at SreeSatyanarayanaSwamyvariDevasthanam, Annavaram, East Godavari District as per Hindu rites and customs. It was an arranged marriage by elders of both the parties. After the marriage they lived happily for some time and due to their wedlock they blessed with a male child in the year 2009 by name VinayVarma.

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Thereafter due to misunderstandings disputes arose between the petitioner and respondent, The petitioner and respondents filed cases against each other as follows;

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The Petitioner filed MC.No.5986 of 2023, on the file of Principal Judge, Family Court, Bangalore, State of Karnataka, seeking for Divorce.

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II. The respondent filed DVC.No.30 of 2023, on the file of the II Additional Junior Civil Judge - II Additional Judicial Magistrate of I Class, Bhimavaram, West Godavari District.

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The respondent also filed MC.No.43 of 2022, on the file of the II Additional Junior Civil Judge -^II Additional Judicial Magistrate of I Class, Bhimavaram,West Godavari District

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IV. The respondent lodged the complaint vide Crime No.617 of 2021, on the file of Bhimavaram I Town Police Station, West Godavari District.

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All the above cases are pending for adjudication before^the

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appropriate courts.

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While the matter stood thus with the interference of^the elders and well-wishers of both parties settled amicably^{asper the} terms and conditions stipulated below;

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^ r
( rA p Ai t ti; fri n il >

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Ar D. O L T> • V ^ '

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TERMS AND CONDITIONS

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a. The petitioner and respondent shall withdraw all the allegations and counter allegations against each other.

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b. The petitioner agreed to pay an amount of Rs. 15,07,500/to the respondent and the respondent agreed to receive^the same towards her permanent alimony.

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c. The petitioner drawn a DD bearing No.259000 IDBI., Sarakkilake Branch, Bangalore, State of Karnataka,^dated 25-07-2024, for an amount of Rs. 15,07,500/- in the^nameof the respondent and deposited the same to the credit^of MC.No.5986 of 2023, on the file of Principal Judge, Family Court, Bangalore, State of Karnataka, seeking for Divorce.

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d. The Hon’ble Family Court, Bangalore after detailed enquiry granted Decree of Divorce dissolving the marriage in between the petitioner and respondent vide its orders^dated 29-07-2024.

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e. The Hon’ble Family Court, Bangalore directed the concerned section to keep the DD in safe custody and pay the same to the respondent on compliance of the conditions with intimation of the petitioner.

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f. As per the terms of compromise the respondent has to withdraw the cases filed by her which are pending before the appropriate courts.

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g. The respondent withdrawn the DVC.No.30 of 2023,^onthe file of the II Additional Junior Civil Judge - II Additional Judicial Magistrate of I Class, Bhimavaram, West Godavari District, hence it was dismissed as withdrawn vide its orders dated 13-08-2024.

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h. The respondent agreed to withdraw the MC.No.43 of^2023, on the file of the II Additional Junior Civil Judge - II Additional Judicial Magistrate of I Class, Bhimavaram,^West Godavari District.

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i. The respondnet agreed to co-operate with the petitioner^to quash the proceedings filed against the charge sheet^dated 08-02-2022, II Additional Junior Civil Judge - II Additional Judicial Magistrate of I Class, Bhimavaram, West Godavari District, in respect of Crime No.617 of 2021, on the^fileof Bhimavaram I Town Police Station.

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j. The respondent agreed to file an affidavit, petition to compound the offences and compromise petition before^the Hon’ble High Court of AP., Amaravathi, to quash the

D . 9^ 1 f3)’f /T^'

f3)’f /T^' ^

I DpyT c-A CV/Aai^

proceedings against the petitioner in charge sheet^dated 08-02-2022, II Additional Junior Civil Judge - II Additional Judicial Magistrate of I Class, Bhimavaram, West Godavari District, in respect of Crime No.617 of 2021, on the^fileof Bhimavaram I Town Police Station.

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k. There is no future claims against each other.

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The contents of the above paras are read over and explained to both the parties in telugu, they were^{understoodand} agreed with their free will and consent and without^anyfraudor coercion and signed here under, on this the 30^^ day^ofAugust, 2024, in the presence of their respective counsel.

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CouHeerfor Petitioner

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Counsel for Respondent.

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6
7
Petitioner/AI
( OAT^A p 14 A t ,1V> p A .
Respondent/ D • V 2--^
Defacto-complainant

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Amaravathi DATE:30-08-2024

Datla Phani Kumar v. the State of Andhra Pradesh

Case brief

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Datla Phani Kumar v. the State of Andhra Pradesh

Case brief

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