LAWS(APH)-2023-6-122

THALAPALA RAJESH Vs. STATE OF ANDHRA PRADESH

Decided On June 20, 2023
Thalapala Rajesh Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) It is a classic case of misuse/abuse of process of Law. Though in the normal circumstances this Court would have declined to entertain the matter and relegated the parties to raise the issues before the Trial Court, the facts and circumstances warrants no such disposal.

(2.) Seeking to quash the Proceedings in M.C.No.5 of 2020 pending on the file of the Court of the Learned III Additional Junior Civil Judge, Tirupati, Chittoor District, the present Criminal Petition has been instituted.

(3.) The petitioner herein is the respondent in the said case. The 2ndrespondent/petitioner invoked the provisions under Sec. 125 of Cr.P.C for Maintenance claiming that the petitioner married the 2ndrespondent on 22/12/2019 at 9.00 a.m. to 10.30 a.m. in Sri Venkateswara Swamy Temple, Sainagar Colony, Avilala Village, Tirupati Rural Mandal, Tirupati District, as per Hindu Rites and Customs and they lived together as husband and wife till 16/3/2020 and that he had started demanding the 2ndrespondent to bring an amount of Rs.30,00,000.00 from her mother to do business and that on 17/3/2020 early morning at 3.30 a.m. the petitioner pushed the 2ndrespondent from 3rdFloor Apartment, as a result of which, she sustained grievous injuries on various parts of her body and spent Rs.2,00,000.00 for her treatment, medicines etc., and further that the petitioner on 17/3/2020 while leaving the house taken away Rs.50,000.00 cash which was given by her mother and Gold ornaments worth Rs.1,50,000.00. Apart from making other allegations, the 2ndrespondent claimed a sum of Rs.30,000.00 per month towards her Maintenance to meet the basic necessities of food, shelter and clothing etc.,