BharatTaxGST

Tolasireddygari Venkata Subbamma vs. Nandammagari Mounica

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CRLP/4978/2026HC Andhra PradeshGSTCNR APHC01031206202604 August 2026Bench: MAHESWARA RAO KUNCHEAM7 pages
For Petitioner: S V RUTHVIKFor Respondent: PUBLIC PROSECUTOR

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Cause title — parties, addresses and appearances
APHC010312062026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4978 OF 2026 Between: 1. Tolasireddygari Venkata Subbamma, W/o. Late Venkata Subba Reddy,Aged about 65 years, Hindu, Housewife, R/o. Akkampalli Village,Sanjamala Mandal, Nandyal District 2. Tolasireddygari Siva Kishore Reddy, S/o. Late Venkata Subba Reddy,Aged about 35 years, C/o. Golden Restaurant, GST Food Street,Guduvancheri, Tamil Nadu - 603202. 3. Tolasireddygari Mrudula, W/o. Tolasireddygari Siva Kishore Reddy,Aged about 33 years, Hindu, Housewife,C/o. Golden Restaurant, GST Food Street,Guduvancheri, Tamil Nadu - 603202. ...Petitioners AND 1. Nandammagari Mounica, W/o. Tolasireddygari Soma Sekhar Reddy,Aged about 29 years, R/o. Flat No.249, Skandanshi Phase-ll,Nandi Fortunes, 0pp. Siva Garden, Mahanandi Road,Nandyal Town and Mandal, Nandyal District. 2. The State of Andhra Pradesh, Represented by itsPublic Prosecutor, High Court at Amaravati ...Respondents Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the 2 Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in D.V.C. No.12 of 2025 pending on the file of the Court of the Judicial First-Class Magistrate, Nandyal, insofar as the Petitioners herein/Respondent Nos.2 to 4 are concerned, and pass 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 pleased to dispense with the filing of certified copies of the petition, docket proceedings and other relevant documents in D.V.G. No.12 of 2025 pending on the file of the Court of the Judicial First Class Magistrate, Nandyal, and permit the Petitioners to rely upon true typed copies for the purpose of the present Criminal Petition, and pass IA NO: 2 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 pleased to stay all further proceedings in D.V.C. No.12 of 2025 instituted under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking reliefs under Sections 18, 19, 20, 21 and 22 of the said Act, pending on the file of the Court of the Judicial First Class Magistrate, Nandyal, insofar as the Petitioners herein/Respondent Nos.2 to 4 are concerned, pending disposal of the Criminal Petition, in the interest of justice. Counsel for the Petitioners: S V RUTHVIK Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4978 of 2026

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, seeking to quash the proceedings in DVC.No. 12 of 2025 on the file of the learned Judicial Magistrate of I Class, Nandyal, Nandyal District, for the offences punishable under sections 18, 19, 20, 21 and 22 of the Domestic Violence Act, 2005. 2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent- 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 before the trial Court by submitting petitioners’ practical constraints in attending before the trial Court 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 12022 LiveLaw (SC) 594

5 decisions no mini trial can be conducted by the High Court in exercise of powers under Section 482 Cr.P.C., juri iction 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, 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 before learned Judicial Magistrate of I Class, Nandyal, Nandyal District in DVC.No. 12 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 2 2025 Live Law (SC) 240

6 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.

Interlocutory applications, if any, pending shall stand closed.

____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 05.08.2026 JAK

7 153 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

CRIMINAL PETITION NO: 4978 of 2026

Date: 05.08.2026

JAK

Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.