CRLP/8352/2026 of Chanda Ravi Kumar Vs The State of Andhra Pradesh on 18 September 2026

1. CHANDA RAVI KUMA D.NO 10-6, NARAYA DACHEPALLI MANDA 522414.

2. CHANDA CHANDRA YEARS, R/O. D.NO VILLAGE POST, D ANDHRA PRADESH-5

3. CHANDA LAKSHMI, D.NO 10-6, NARAYA DACHEPALLI MAND 522414.

4. CHANDA NARASIMH R/O. D.NO 10-6, NAR DACHEPALLI MANDA 522414.

5. CHANDA SUPRIYA, D.NO 10-6, NARAYA DACHEPALLI MANDA 522414.

6. PINNASETTI VENKA ABOUT 49 YEARS, NADIKUDI VILLAGE DISTRICT, ANDHRA P HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE 19th DAY OF SEPTEMBER 2026 PRESENT RI JUSTICE MAHESWARA RAO KUNC NAL PETITION NO: 8352/2026 AR, S/O CHANDRAIAH, AGED 36 YEA ANAPURAM, H/O NADIKUDI VILLAG AL, PALNADU DISTRICT, ANDHRA P AIAH, S/O PEDDA NARASIMHA, A O 10-6, NARAYANAPURAM, H/O N DACHEPALLI MANDALPALNADU D 522414. W/O CHANDRAIAH, AGED 54 YEA ANAPURAM, H/O NADIKUDI VILLAG DALPALNADU DISTRICT, ANDHRA P HARAO, S/O CHANDRAIAH, AGED 38 RAYANAPURAM, H/O NADIKUDI VILLA AL, PALNADU DISTRICT, ANDHRA P W/O NARASIMHARAO, AGED 32 YEA ANAPURAM, H/O NADIKUDI VILLAG AL, PALNADU DISTRICT, ANDHRA P ATESWARA RAO, S/O KOTI VEERAIA R/O. D.NO. 8-349, NARAYANAPUR E POST, DACHEPALLI MANDAL PRADESH-522414.

CHEAM ARS, R/O. GE POST, PRADESH- AGED 60 NADIKUDI DISTRICT, ARS, R/O. GE POST, PRADESH- 8 YEARS, GE POST, PRADESH- ARS, R/O. GE POST, PRADESH- AH, AGED RAM, H/O PALNADU

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7. PINNAMSETTI VENKATA SUDHA RANI, W/O. PINNAMSETTI VENKATESWARA RAO, AGED ABOUT 43 YEARS R/O. D.NO. 8-349, NARAYANAPURAM, H/O NADIKUDI VILLAGE POST, DACHEPALLI MANDAL, PALNADU DISTRICT, ANDHRA PRADESH-522414 ...PETITIONER/ACCUSED(S) AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATHI.

2. KOLE VENKATA SUNANDA KUMARI, W/O. C. RAVI KUMAR, AGED ABOUT 40 YEARS, R/O D.NO.2/194, NAGARAJUPETA, CUDDAPAH, ANDHRA PRADESH- 516172. PRESENT WORKING AT SBL, AMCC BRANCH, BANK STREET, NUZIVID-521201

...RESPONDENT/COMPLAINANT(S): 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 Quash the D.V.C.No.23 of 2025, dated 17-04-2025, on the file of Hon’ble Judicial Magistrate of Special Mobile Court, Kadapa, under Sections 18, 19, 20 & 22 of Protection of Women from Domestic Violence Act, including appearance in so far petitioners Accused No. A1 to A7 IA NO: 1 OF 2026 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 stay all further proceedings in D.V.C.No.23 of 2025, dated: 17-04-2025, on the file of Hon’ble Judicial Magistrate of Special Mobile Court, Kadapa, under Sections 18, 19, 20 & 22 of Protection of Women from Domestic Violence Act, including appearance in so far petitioners / Accused No. A1 to A7 pending disposal of the above Criminal Petition Counsel for the Petitioner/accused(S):

1. V V LAKSHMI NARAYANA Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

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The Court made the following Order:

Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein/respondent Nos.1 to 7 therein, seeking to quash the proceedings in D.V.C.No.23 of 2025 on the file of the Judicial Magistrate of Special Mobile Court, Kadapa, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

2. Heard learned counsel for the petitioners and Mr. K.Sandeep, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State.

3. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners herein before the trial Court by submitting petitioners’ practical constraints in attending before the trial Court and states that petitioners shall not dispute their identity at a later stage of proceedings.

4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against the petitioners herein and truth or otherwise of the said accusations has to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. So far as dispensing with the presence of the petitioners, before the trial Court, he has not opposed the same.

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5. Since there are specific accusations that have been made as against the petitioners herein, which are all disputed questions of fact, the same can be decided during the course of trial, and this Court, in a petition filed under Section 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not be in a position to conduct roving enquiry into the disputed questions of fact and quash the proceedings at this stage.

6. In this context, it is apt to note the dictum held in State of Uttar Pradesh and Another Vs. Akhil Sharda and Others1, by the Apex Court in its vivid terms in the following way:

7. Having gone through the impugned judgment and order passed by the High Court by which the High Court has set aside the criminal proceedings in exercise of powers under Section 482 Cr.P.C., it appears that the High Court has virtually conducted a mini trial, which as such is not permissible at this stage and while deciding the application under Section 482 Cr.P.C. As observed and held by this Court in a catena of decisions no mini trial can be conducted by the High Court in exercise of powers under Section 482 Cr.P.C., jurisdiction and at the stage of deciding the application under Section 482 Cr.P.C., the High Court cannot get into appreciation of evidence of the particular case being considered.

7. In Vishal Shah Vs. Monalisha Gupta & Ors.2, Hon’ble Apex Court has observed that there is no requirement for the personal appearance of any party in the proceedings under the Domestic Violence Act, 2005, because they are quasi-criminal in nature and do not entail any penal consequences, 12022 LiveLaw (SC) 594 22025 Live Law (SC) 240

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except when there is a breach of a protection order, which is the only offence provided under Section 31 of the Domestic Violence Act, 2005.

8. Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioners herein. However, due to ground realities submitted by the counsel for the petitioners, presence of petitioners herein/respondent Nos.1 to 7 before the Judicial Magistrate of Special Mobile Court, Kadapa, in D.V.C.No.23 of 2025 is hereby dispensed with, except on those dates when the learned trial Court feels that their presence is necessary. In the event of failure of the petitioners to appear, when the trial Court specifically directs, this Order shall stands automatically revoked, without recourse to this Court.

9. Accordingly, the Criminal Petition is disposed of.

10. Needless to state that the petitioners are at liberty to raise all the grounds before the trial Court.

As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J

Dated: 19.09.2026 MDP