Dr G Samyuktha vs Ch.Bhajanlal And Ors on 31 March, 2026

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    Andhra Pradesh High Court – Amravati

    Dr G Samyuktha vs Ch.Bhajanlal And Ors on 31 March, 2026

    Author: K Sreenivasa Reddy

    Bench: K Sreenivasa Reddy

    APHC010652542023
    
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI           [3327]
                              (Special Original Jurisdiction)
    
              TUESDAY, THE THIRTY FIRST DAY OF MARCH
                  TWO THOUSAND AND TWENTY SIX
                                   PRESENT
       THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
                       CRIMINAL PETITION NO: 10058/2023
    Between:
       1. DR G SAMYUKTHA, W/O DR. NARENDRA KUMAR JAKKA,
          AGED 44 YEARS, OCC NIL,               D.NO. 1-8-183,
          BALASAMUDRAM,       HANUMAKONDA,          WARANGAL
          DISTRICT, TELANGANA STATE.
                                       ...PETITIONER/ACCUSED
                               AND
       1. STATE OF ANDHRA PRADESH, REP. THROUGH PUBLIC
          PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AT
          AMARAVATI.
       2. DR NARENDRA KUMAR JAKKA, S/O J. RAMAKRISHNA,
          AGED 45 YEARS,     OCC GENERAL PHYSICIAN AND
          CARDIOLOGIST,   26-4-864/G2,     NEAR    SREENIVASA
          THEATRE ROAD, SRI BALAJI NAGAR, HINDUPUR - 515
          201, ANDHRA PRADESH
                            ...RESPONDENT/COMPLAINANT(S):
          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 pleased to order to
    quash the proceedings in C.C. No.225 of 2016 the file of the
    Hon'ble Judicial Magistrate of First Class at Hindupur, Anantapur
    District and pass
    
    IA NO: 1 OF 2023
          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 all further
    proceedings including the appearance of the Petitioner in C.C.
    No.225 of 2016 on the file of the Hon'ble Judicial Magistrate of First
                                     2
                                                                     SRK, J
                                                      Crl.P.No.10058 of 2023
    
    
    
    Class at Hindupur, Anantapur District, pending disposal of the main
    Criminal Petition; and pass
    Counsel for the Petitioner/accused:
       1. T B L MURTHY
    Counsel for the Respondent/complainant(S):
       1. SURESH BABU CHAPALA
       2. PUBLIC PROSECUTOR (AP)
       3. LEGAL AID
    
          The Court made the following:
                                       3
                                                                        SRK, J
                                                         Crl.P.No.10058 of 2023
    
    
    
                                 ORDER
    

    This Criminal Petition, under Section 482 of the Code of

    Criminal Procedure, 1973 (for brevity ‘CrPC‘) has been filed by the

    SPONSORED

    petitioner/Accused, to quash the charge sheet in Calendar Case

    No.225 of 2016 pending on the file of the Judicial Magistrate of First

    Class, Hindupur, arising out of a case in Crime No.110 of 2016 of

    Hindupur I Town Police Station, Anantapuramu, registered against

    the petitioner/Accused, for the offences punishable under Sections

    448 and 506 of the Indian Penal Code, 1860 (for brevity ‘IPC‘).

    2. The allegations levelled as against the petitioner/

    accused in the charge sheet, in brief, are that, the marriage of

    respondent No.2/de facto complainant with the petitioner/accused

    was solemnized in the year 2006 and they both led marital life for a

    period of 2½ years, and later disputes cropped up between them,

    on the pretext that the petitioner/accused was alleged to have

    harassed and ill-treated the respondent No.2/de facto complainant;

    that several mediations held proved futile; that at about seven years

    prior to the subject incident, the petitioner/accused was alleged to

    have discarded the respondent No.2/de facto complainant and she

    started residing with her parents at Hanumakonda. The respondent

    No.2/de facto complainant was said to have filed O.P.No.791 of
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    Crl.P.No.10058 of 2023

    2013 on the file of the Judge, Additional Family Court, Hyderabad,

    against the petitioner/accused, seeking decree of divorce by

    dissolving the marriage performed with petitioner/accused and the

    same is pending. The petitioner/accused also said to have filed

    Maintenance Case No.85 of 2010 on the file of the Jurisdictional

    Magistrate Court, concerned for grant of maintenance and the same

    is also pending.

    (b) While so, on 19.05.2016 at about 8.00 a.m. the

    petitioner/accused was alleged to have trespassed into the house of

    respondent No.2/de facto complainant, situated at Sreenivasa

    Theatre road, Hindupur Town and was alleged to have threatened

    him with dire consequences to withdraw the divorce OP; that again,

    on the same day at about 11.00 a.m., the petitioner/accused was

    alleged to have trespassed into Pranavi Heart Care Centre, run by

    the respondent No.2/de facto complainant, and threatened him with

    dire consequences, to withdraw the divorce OP filed by him, in the

    presence of patients and caused obstruction to respondent No.2/

    de facto complainant in discharging his legitimate duty. L.W2/

    B.Manjula, L.W3/M.Gayathri and L.W4/B.Vijay Kumar are the

    eyewitnesses to the said incident. The incident was reported to

    police on 23.05.2016 and the same was registered as a case in
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    Crl.P.No.10058 of 2023

    Crime No.110 of 2016 of Hindupur I Town Police Station,

    Anantapuramu, for the offences punishable under Sections 448 and

    506 of IPC and investigation into. After completion of investigation,

    L.W5/B.T.Venkateswarlu, Sub-Inspector of Police, Hindupur I Town

    Police Station filed charge sheet against the petitioner/accused.

    3. Learned counsel for the petitioner/accused would

    contend that the present case was foisted erroneously at the

    instance of respondent No.2/de facto complainant only to harass

    the petitioner/accused. According to learned counsel, the petitioner/

    accused made an attempt to join with her husband i.e. respondent

    No.2/de facto complainant and there is no mens rea or criminal

    intention attributable to the petitioner/accused to attract the offences

    punishable under Sections 448 and 506 of IPC. Learned counsel

    would further contend that prima facie no case was made over as

    against the petitioner/accused.

    4. Learned counsel for the respondent No.2/de facto

    complainant would contend that the petitioner/accused used to

    harass the respondent No.2/de facto complainant and left the

    conjugal home without there being any reason, and on that, the

    respondent No.2/de facto complainant filed O.P.No.791 of 2013 on

    the file of the Judge, Additional Family Court, Hyderabad for decree
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    Crl.P.No.10058 of 2023

    of divorce and due to those matrimonial disputes, the petitioner/

    accused trespassed into the house of respondent No.2/de facto

    complainant at 8.00 a.m. on 19.05.2016 and again trespassed into

    the private clinic run by respondent No.2/de facto complainant at

    11.00 a.m. on the same day for the second time and threatened him

    with dire consequences to withdraw the divorce OP filed by the

    respondent No.2/de facto complainant. The said offence was

    witnessed by the staff, working in the clinic and there is prima facie

    case is made out as against the petitioner/accused. Hence, it is

    prayed to dismiss the Criminal Petition.

    5. Learned Assistant Public Prosecutor representing

    respondent No.1/State reiterates the argument of learned counsel

    for respondent No.2/de facto complainant and prays the Court to

    dismiss the Criminal Petition.

    6. Heard the learned counsel for the petitioner/accused,

    learned Assistant Public Prosecutor for respondent No.1/State and

    learned counsel for respondent No.2/de facto complainant. Perused

    the entire material available on record.

    7. The offences that are alleged as against the petitioner/

    accused are punishable under Sections 448 and 506 of IPC. If any

    of the acts to interfere with another’s peaceful enjoyment of
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    Crl.P.No.10058 of 2023

    property, either movable or immovable, such acts amount to

    trespass. If trespass is committed without criminal intention, it is

    dealt with under the law of torts. But, if trespass is committed with

    the criminal intention to cause harm to anyone, then it is criminal

    trespass. According to Section 441 of IPC, criminal trespass is

    committed, if a person unlawfully enters or, if lawfully entered,

    remains there unlawfully intending to commit an offence or to

    intimidate, insult, or annoy any person in possession of such

    property. It is not necessary that the annoyance resulting from

    trespass be instantaneous, it may be subsequent.

    8. The essential ingredients of the offence punishable

    under Section 506 of IPC are that the accused threatened someone

    with injury to his person, reputation or property, or to the person,

    reputation or property of another in whom the former was interested

    and the accused did so with intent to cause alarm to the victim of

    offence and to cause the victim to perform any act which he was not

    legally bound to do.

    9. There cannot be any dispute that inherent powers of

    this Court under Section 482 CrPC can be exercised to prevent

    abuse of process of Court or to give effect to any order under the

    code or to secure the ends of justice. This Court is also conscious
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    Crl.P.No.10058 of 2023

    of the fact that the power of quashing a criminal proceeding should

    be exercised very sparingly and with circumspection and that too in

    the rarest of rare cases and that the Court would not be justified in

    embarking upon an enquiry as to the reliability or genuineness or

    otherwise of the allegations made in the report. On this aspect, it is

    pertinent to refer to the judgment of the Hon’ble Apex court in State

    of Haryana Vs. Ch.Bhajanlal and ors.1, wherein the Hon’ble Apex

    Court held as under:

    “In the backdrop of the interpretation of the various
    relevant provisions of the Code under Chapter XIV and of the
    principles of law enunciated by this Court in a series of
    decisions relating to the exercise of the extraordinary power
    under Article 226 or the inherent powers under Section 482 of
    the Code which we have extracted and reproduced above, we
    give the following categories of cases by way of illustration
    wherein such power could be exercised either to prevent abuse
    of the process of any court or otherwise to secure the ends of
    justice, though it may not be possible to lay down any precise,
    clearly defined and sufficiently channelized and inflexible
    guidelines or rigid formulae and to give an exhaustive list of
    myriad kinds of cases wherein such power should be exercised.

    (1) where the allegations made in the First
    Information Report or the complaint, even if they are taken at
    their face value and accepted in their entirety do not prima facie
    constitute any offence or make out a case against the accused;

    (2) where the allegations in the First Information Report
    and other materials, if any, accompanying the F.I.R. do not

    1
    AIR 1992 SC 604
    9
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    Crl.P.No.10058 of 2023

    disclose a cognizable offence, justifying an investigation by
    police officers under Section 156 (1) of the Code except under
    an order of a Magistrate within the purview of Section 155 (2) of
    the Code;

    (3) where the uncontroverted allegations made in the
    FIR or ‘complaint and the evidence collected in support of the
    same do not disclose the commission of any offence and make
    out a case against the accused;

    (4) where the allegations in the FIR do not constitute a
    cognizable offence but constitute only a non-cognizable
    offence, no investigation is permitted by a police officer without
    an order of a Magistrate as contemplated under Section 155
    (2)
    of the Code;

    (5) where the allegations made in the FIR or complaint
    are so absurd and inherently improbable on the basis of which
    no prudent person can ever reach a just conclusion that there is
    sufficient ground for proceeding against the accused;

    (6) where there is an express legal bar engrafted in any
    of the provisions of the Code or the concerned Act (under which
    a criminal proceeding is instituted) to the institution and
    continuance of the proceedings and/or where there is a specific
    provision in the Code or the concerned Act, providing
    efficacious redress for the grievance of the aggrieved party;

    (7) where a criminal proceeding is manifestly attended
    with mala fide and/or where the proceeding is maliciously
    instituted with an ulterior motive for wreaking vengeance on the
    accused and with a view to spite him due to private and
    personal grudge.”

    10. Now, it has to be seen as to whether the allegations in

    the FIR/charge sheet, even if they are taken at their face value and
    10
    SRK, J
    Crl.P.No.10058 of 2023

    accepted in their entirety do not prima facie constitute any offence

    or make out a case against the petitioner/accused.

    11. Indisputably, petitioner/accused and respondent

    No.2/de facto complainant are wife and husband and there were

    matrimonial disputes pending between them. The allegations

    levelled against the petitioner/accused in the charge sheet filed in

    Calendar Case No.225 of 2016 by the Investigating Officer are that

    the respondent No.2/de facto complainant was meted out cruelty in

    the hands of petitioner/accused, and about seven years prior to the

    date of incident of the alleged subject crime, the petitioner/accused

    was alleged to have left the matrimonial home and as such, the

    respondent No.2/de facto complainant constrained to file

    O.P.No.791 of 2013 on the file of the learned Judge, Additional

    Family Court, Hyderabad.

    12. A perusal of the material on record goes to show that

    the petitioner/accused filed copy of Common Order passed in

    O.P.Nos.791 of 2013 and 1721 of 2015 by the learned Judge,

    Additional Family Court, Hyderabad. As stated in the preceding

    paragraphs, O.P.No.791 of 2013 was filed by the respondent No.2/

    de facto complainant under Section 13 (1) (ia) (ib) of the Hindu

    Marriage Act, 1955, seeking decree of divorce. On the other hand,
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    Crl.P.No.10058 of 2023

    O.P.No.1721 of 2015 was filed by the petitioner/accused under

    Section 9 of the Hindu Marriage Act, 1955 for the relief of restitution

    of conjugal rights. Vide Common Order dated 28.08.2017, the

    learned Judge held that the respondent No.2/de facto complainant

    failed to establish that the petitioner/accused herein wilfully

    deserted him and thereby, dismissed the O.P.No.791 of 2013 filed

    by the respondent No.2/de facto complainant and consequently,

    allowed the O.P.No.1721 of 2015 filed by the petitioner/accused

    herein and directed the respondent No.2/de facto complainant

    herein to take the petitioner/accused along with her daughter into

    his company within one month from the date of the said common

    order and lead conjugal life.

    13. A perusal of the contents of the report lodged by the

    respondent No.2/de facto complainant goes to show that on

    19.05.2016 at about 8.00 a.m., the petitioner/accused was alleged

    to illegally trespassed into the house of respondent No.2/de facto

    complainant and quarrelled with him. The contents of the report

    further goes to show that again on the same day at about 11.00

    a.m., the petitioner/accused was alleged to have illegally trespassed

    into the clinic, run by the respondent No.2/de facto complainant,

    and alleged to have abused him severely in the presence of
    12
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    Crl.P.No.10058 of 2023

    patients and obstructed his duties and was also alleged to have

    threatened the respondent No.2/de facto complainant with dire

    consequences to withdraw the divorce case filed by him.

    14. A perusal of the contents of the counter filed by the

    petitioner/accused in O.P.No.791 of 2013 on the file of the learned

    Judge, Additional Family Court, Hyderabad, goes to show that the

    petitioner/accused acceded that on 19.05.2016 she along with her

    daughter went to the house and clinic of respondent No.2/de facto

    complainant out of anxiety, as her daughter was asking about her

    father, but the respondent No.2/de facto complainant influenced the

    local police and got registered the crime against the petitioner/

    accused as if she criminally trespassed into the clinic and

    threatened him with dire consequences.

    15. The learned Judge, Additional Family Court,

    Hyderabad observed that P.W1, in O.P.No.791 of 2013, who is

    respondent No.2/de facto complainant herein, in his cross-

    examination, refused to take the petitioner/accused herein and his

    daughter into his fold by stating that he lost love and affection

    towards them and in turn, the petitioner/accused expressed her

    willingness to join the company of respondent No.2/de facto

    complainant. Admittedly, the petitioner/accused filed O.P.No.1721
    13
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    Crl.P.No.10058 of 2023

    of 2015 on the file of the learned Judge, Additional Family Court,

    Hyderabad for restitution of conjugal rights. Though, the respondent

    No.2/de facto complainant is reluctant to take his wife i.e.

    petitioner/accused and his daughter into his conjugal fold and filed

    OP seeking for decree of divorce, the petitioner/accused with a view

    to resume her conjugal life with respondent No.2/de facto

    complainant having regard to the future of her daughter, appears to

    have taken a step by going into the clinic run by the respondent

    No.2/de facto complainant to have a word with her husband in

    regard to their matrimonial issue and such act done by the

    petitioner/accused cannot be termed as criminal trespass. Indeed,

    as per the evidence of petitioner/accused as R.W1, in OP Nos.791

    of 2013 and 1721 of 2015, she acceded that on 19.05.2016 she

    along with her daughter went to the house and clinic of respondent

    No.2/de facto complainant out of anxiety as her daughter was

    asking about her father, who is none other than the respondent

    No.2/de facto complainant. Having regard to the life and future of

    her daughter, to show the respondent No.2/de facto complainant to

    her daughter, it is quite natural for the petitioner/accused to go to

    the house and clinic of the respondent No.2/de facto complainant, it

    would not amount to criminal trespass by the petitioner/accused.

    Furthermore, it was alleged that the petitioner/accused threatened
    14
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    Crl.P.No.10058 of 2023

    the respondent No.2/de facto complainant with dire consequences

    and abused him in filthy language. Prima facie there is no material

    on record to show as to what are the words spoken to, by the

    petitioner/accused threatening the respondent No.2/de facto

    complainant. Though, it was alleged that the petitioner/accused

    threatened the respondent No.2/de facto complainant to withdraw

    the divorce OP filed by him, as discussed in the preceding

    paragraph, to resume the conjugal life with respondent No.2/

    de facto complainant might have had a wordy altercation with her

    husband i.e. petitioner/accused, and merely because the petitioner/

    accused used such words, it does not amount to threatening the

    respondent No.2/de facto complainant to do away with his life, for

    the reason that, the respondent No.2/de facto complainant is none

    other than husband of petitioner/accused and any act that was done

    by the petitioner/accused on the date of the incident, is only out of

    anxiety as her daughter was asking about her father.

    16. There is no prima facie case to prove that the act of the

    petitioner/accused would attract the offences punishable under

    Sections 448 and 506 of IPC. When such is the case, there is no

    point in allowing her to face the entire ordeal of trial. In view of the
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    Crl.P.No.10058 of 2023

    aforesaid circumstances, this Court is convinced and quashes the

    proceedings in respect of petitioner/accused.

    17. Accordingly, the Criminal Petition is allowed and the

    proceedings in Calendar Case No.225 of 2016 pending on the file of

    the learned Judicial Magistrate of First Class, Hindupur, as against

    the petitioner/accused, are quashed.

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

    pending in this Criminal Petition shall stand closed.

    JUSTICE K. SREENIVASA REDDY
    st
    31 March, 2026.

    DNB



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