Andhra Pradesh High Court – Amravati
Somashekar Babu vs State Of Andhra Pradesh, on 30 April, 2025
APHC010013292024 IN THE HIGH COURT OF ANDHRA
PRADESH
[3457]
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY ,THE THIRTIETH DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION NO: 873/2024
Between:
Somashekar Babu and Others ...PETITIONER/ACCUSED(S)
AND
State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT(S)
and Others
Counsel for the Petitioner/accused(S):
1. CORPUS JURIS LAW PANEL LLP
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR (AP)
2. SRIMAN
The Court made the following:
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CRLP.No.873 OF 2024
THE HON'BLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION No.873 OF 2024
ORDER :
1. The petitioners are seeking quash of CC 765 of 2022 on the
file of Judicial First Class Magistrate, PatTikonda, Kurnool
District. The petitioners are facing trial for alleged offences
under Section 498 A read with 34 of IPC and Section 3 and
4 of Dowry Prohibition Act.
2. The 1st and 2nd petitioners are the father-in-law and the
mother-in-law of the 2nd respondent. The 3rd petitioner is the
husband of the 2nd respondent. As per the complaint lodged
by the 2nd respondent the petitioners have harassed the 2nd
respondent and demanded additional dowry. It is also stated
in the complaint that the petitioners on 09.04.2022 have
beaten and left the 2nd respondent at 1 AM on the outskirts
of Maddikera Village and that she called her father about her
situation and that he came and took her to her parental
home.
3. The police have completed investigation and filed a charge
sheet after recording statements of 9 witnesses. The learned
counsel appearing for the petitioners submits that, the 3rd
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CRLP.No.873 OF 2024
petitioner filed MC.No.101 of 2022 on the file of Principal
Judge Family Court at Ballari under Section 9 of the Hindu
Marriage Act. It is submitted that the family court vide
judgement dated 2nd November 2023 allowed the petition
filed by the 3rd petitioner.
4. It is submitted by the learned counsel that the 2nd
Respondent, in spite of an order from the family court did not
join the company of the 3rd petitioner. It is submitted that the
2nd respondent voluntary left the House of the petitioners and
has alleged harassment and filed a false complaint.
5. It is also submitted that the petitioners are harassed by the
second responding by filing a false complaint and it is also
submitted that the first and second petitioners are
unnecessarily dragged into the marital dispute between the
3rd petitioner and the second respondent as such prays for
quashing the case against the petitioners.
6. The learned counsel appearing for the 2nd respondent
submits that the allegations against the petitioners are
glaringly evident and that listed witnesses would amply
prove the guilt of the petitioners. It is also submitted that the
witnesses have specifically spoken about the role(s) of the
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CRLP.No.873 OF 2024
petitioners in the harassment. It is also submitted by the
learned counsel appearing for the 2nd respondent that even
as per the judgement passed by the Family Court at Ballari,
the observation of the learned Judge with regard to the
circumstances which were created by the petitioners which
led to the 2nd respondent to leave her matrimonial home. All
these issues would have to be considered during the course
of trial and this court ought not to interfere when the
allegations are specifically made out and the evidences are
available on record.
7. It is further submitted that the case on hand is not fit case for
interference by this Court at this stage. The learned counsel
appearing for the 2nd respondent places reliance on the
statements recorded by the investigating officer during the
course of investigation and submits that the witnesses have
specifically stated about the harassment meted by the
petitioners. It is also submitted that, the Petitioners do not
deserve any relief from this court.
8. It is further submitted that there are several facts which have
to be ascertained by the trial court which can be tested only
after a full-fledged trial and as such pray for dismissal of the
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CRLP.No.873 OF 2024
petition. Heard the learned Assistant Public Prosecutor
appearing for the state. Perused the record.
9. The allegations of harassment by the petitioners is the basis
for the police to conduct investigation the police have
conducted investigation, recorded the statements of the
witnesses. The witnesses statements would indicate that
there are several independent witnesses who are aware of
the marital disputes between the 3rd petitioner and the
second respondent. The witnesses have stated before the
police during the course of investigation the facts which they
are aware of.
10. The statements of the listed witnesses also would indicate
that the marital disputes between the petitioner no 3 and the
2nd respondent were existing and that elders made efforts to
pacify the disputes and reconcile the partners for leading a
marital life were also made. The observations of the Family
Court Judge, Ballari while allowing the MC.No.101 of 2022
also indicate that, the petitioners created a hostile
atmosphere at the marital home for the 2nd respondent which
forced her to leave the marital home.
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CRLP.No.873 OF 2024
11. This court is of the considered view that all these issues are
triable and would have to be ascertained before a trial court.
This Court finds no grounds for interfere in the case and it is
left open for the petitioners to take all grounds as raised in
the quash petition before the trial court when the matter is
taken up for trial.
12. Accordingly criminal petition is dismissed.
Pending miscellaneous petitions, if any, shall stands closed.
___________________
JUSTICE HARINATH.N
Dated 30.04.2025.
KGM
//7//
CRLP.No.873 OF 2024
THE HON’BLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION No.873 OF 2024
Dated 30.04.2025
KGM
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