M.LAKSHMI KIRAN Vs. SATE OF A.P
HIGH COURT OF ANDHRA PRADESH
Sate Of A.P
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K.SREENIVASA REDDY,J. -
(1.) This Criminal Petition, under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, 'CrPC'), is filed to quash the proceedings in P.R.C. No.2 of 2016 on the file of the Additional Junior Civil Judge, Mangalagiri, registered for the offences punishable under Ss. 306 read with 34 of the Indian Penal Code, 1860 (for short, 'IPC') and 4 (v) and (vi) of the Andhra Pradesh Prohibition of Ragging Act, 1997. Petitioners herein are A.1, A.4 and A.6 in the said case.
(2.) On the strength of a report lodged by 2nd respondent herein, police registered a case in crime No.37 of 2014 of Tadepalli police station and after completion of investigation, laid charge sheet, which was registered as P.R.C. No.2 of 2016 before the learned Magistrate.
(3.) The brief facts of the case are that 1st petitioner/ A.1 is mother of deceased G.Krishna Priya; A.2 is paramour of A.1; A.3 is cousin of A.2; 2nd petitioner/A.4 is mother, A.5 is father, 3rd petitioner/A.6 is younger maternal aunt, and A.7 is brother, of A.1. A.8 is classmate of the deceased.
Persons shown at sl.Nos.9 to 11 of the charge sheet are classmates of the deceased and A.8, and as no case is made out against them, police deleted their names from the case.
2nd respondent/informant is father of the deceased. In the year 1983, he married L.W.5-Dr.T.Padmaja Rani and they were blessed with one son. In the year 1990, he again married 1st petitioner/A.1 as second wife and out of their wedlock, they were blessed with a daughter (who is deceased) and she was studying 3rd year MBBS course in Katuri Medical College, Chinakondrupadu village, Prathipadu mandal at the time of occurrence of the incident. For some time, 2nd respondent/informant and 1st petitioner/A.1 resided in rented house of A.3 at Kakumanuvarithota, Guntur. A.2 used to visit house of A.3 frequently and developed friendship with 2nd respondent/informant and 1st petitioner/A.1 and became a family friend. Later, 2nd respondent/informant purchased another house for 1st petitioner/A.1 and the deceased at Butchaiah Thota, Guntur and shifted them to that house. A.2 continued to visit house of 1st petitioner/A.1 and maintained rapport with her. About 3 years prior to the date of incident, misunderstandings arose between 2nd respondent/informant and 1st petitioner/A.1, and they started living separately on their own accord.
A.2 developed illegal intimacy with 1st petitioner/A.1 and used to visit house of A.1 often, for which the deceased expressed her unwillingness. But, 1st petitioner/A.1 quarreled with the deceased and sent her out from the house. On that, the deceased started living with 2nd respondent/informant, who used to drop her near old bus stand for college bus to go to medical college and bring back by 5.00 PM.
A.8 is classmate and close friend of the deceased. The deceased shared her entire feelings with A.8. A.8 joined with A.1 to A.7 and started insulting the deceased at the college before other students, pointing out her family and personal issues, as the deceased is daughter of 2nd wife, and humiliated her and also insisted the deceased to live with 1st petitioner/A.1.
On 11/2/2014, at about 6.30 PM, at the request of the deceased, 2nd respondent/informant dropped her at the house of L.W.6-B.Anisha Priya. At about 7.43 PM, the deceased sent 3 messages to 2nd respondent/informant intimating that she was going to commit suicide and she left suicide note in 'SPM note book', and she left house of L.W.6-B.Anisha Priya without intimation, and committed suicide by jumping into Krishna River. ;
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