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Memorandum of Criminal Petition

(Under Section 482 of Cr.P.C.)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

Crl.P.No. of 2023

against

F.I.R.No.124 of 2023

(On the file of the Disha UPS, Visakhapatnam)

Between:

Sri Indukuri Chaitanya Kumar Varma, S/o Jagannadha Raju,

Hindu, aged 35 Years, Contract Engineer at Abudhabi
Distribution Company, Presently Residing at Flat No. B-102, A1
Shaheen Complex, Beside Oryx Hotel, Khalidiya, Abudhabi UAE.
Permanent Resident of D.No.39-13-20/2, 2nd Floor, Sri Vari Nilayam,
Beside Murali Nagar Post Office, Madhavadhara, Visakhapatnam-
530008, Aadhar Card No.2873 0208 3335, Cell No.9885868023,
+971503872015, Email ID:chaitanyavarma.indukuri@gmail.com.
... Petitioner/Accused-
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AND

1. The State of Andhra Pradesh, through S.H.O.,

Disha Police Station, Visakhapatnam,
Rep. by Public Prosecutor,
High Court of Andhra Pradesh, Amaravati .… Respondent-1

2. Smt. Indukuri (Kammella) Priyanka,

W/o Indukuri Chaitanya Kumar Varma,
Hindu, aged 32 Years, Residing at D.No.65-5-345,
MIG-2A-114, Gullalapalem, VUDA Colony, Malkapuram Post,
Visakhapatnam-530011, Aadhar Card No.8410 7277 5920,
Cell No.8939202292, Email Id:priyankakammella@gmail.com
.… Respondent-2/ Defacto-Complainant
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The address of the Petitioner/Accused for the purpose of service

of notices is that of his counsel Sri Ravi Kumar Talluri, Code:23396

1. It is respectfully submitted that the

Respondent-2/Complainant has been maliciously filed a
report before the 1st respondent, with an ulterior motive to
wreak personal vengeance on the petitioner. It is further
submitted that the 1st respondent mechanically registered
FIR without applying their mind. Even if the entire allegations
in report are believed, no offence under sections 498-A, 506
of I.P.C & Section 3 & 4 of D.P. Act, are attracted and as
such, the 1st respondent ought not to have file charge sheet
basing on the complaint.

2. It is submit, that the 1st respondent is his legally wedded wife

of the petitioner herein. Their marriage was solemnized on
17-04-2019, as per Hindu caste custom and rites at
Gurajada Kalakshetram, Ukkunagaram, Visakhapatnam. The
petitioner submits, that he is the native of Visakhapatnam
and due to his employment, he migrated to Abu Dhabi,
United Arab Emirates and the respondent joined him at Abu
Dhabi.

3. It is submit, from the day one of the marriage the 1 st

respondent did not show any interest towards the petitioner
and the 1st respondent informed to this petitioner, that she
fell in love with another person and her parents refuse to
perform her marriage with her lover and she married the
petitioner only at the instigation of her parents and relatives
and that she had no interest to live with the petitioner and
lead conjugal life with him. The same was informed to the
parents of the 2nd respondent by the petitioner and on their
intervention the 2nd respondent agreed to lead conjugal life
with the petitioner and thereon the marriage was
consummated.
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4. In January 2023 the 2nd respondent harassed the petitioner

to lend money about 60 lakhs to her and her relatives real
estate company i.e., TRIPURA CONSTRUCTIONS. With no
other option the petitioner obtained loan of AED 300,000.00.
The petitioner transferred the money of Rs 50,00,000/- to
TRIPURA CONSTRUCTIONS and another 10 Lakhs to the
respondent’s HDFC Bank account number
50100500541015, Nallagandla Branch, Hyderabad from his
Axis Bank Account and remaining amount gave to the 2nd
respondent in Cash.

5. The petitioner further submits that, from the year 2020 to

2023 march the physical & mental harassment met by the
petitioner in the hands of the 2nd respondent are recorded in
the video surveillance camera and the recorded footage
enclosed along with this petition for kind perusal. It is
submit, that there is irretrievable break down of the marriage
due to incompatible behavior, conduct and temperament of
the 2nd respondent herein.

6. It is respectfully submitted that the 2 nd respondent has

initiated complaint to harass the petitioner/accused with a
malafide intention. In the absence of specific allegation and
the proceedings which are initiated with a malicious intention
to harass the accused, continuation with the proceedings
against the petitioner/accused is an abuse of process of law
and to prevent such abuse of process of law, the same are
liable to be quashed to meet the ends of the justice.
Otherwise the petitioner/accused will suffer hardship and
irreparable loss which cannot be compensated in terms of
any other mode.

7. It is submit, the complaint was styled as an anonymous one,

but the 2nd respondent voluntarily owned up to being its
author. This aspect bears out her animosity against her
husband, mother in-law and more particularly, her sister in-
law. There are several glaring inconsistencies and
discrepancies between the contents of the complaint given
to the 1st respondent and the DVC petition.
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8. It is respectfully submitted that even on the perusal of the

Chargesheet, that there was no case or no incidents were
happened and no offence was happened and as well as no
independent witness was cited or shown in the charge sheet
The charge sheet does not disclose any offence made out
and no prima-facie case made out against the
petitioner/accused-1 as such the charge sheet cannot stand
to legal scrutiny and it is nothing but abuse of process of law.

9. It is submit, the complaint of the 2 nd respondent is rather

incongruous and difficult to comprehend. It can be said that
the instant case falls squarely in categories , 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, and 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. No
specific instance was cited by her in that regard or as to how
he subjected her to such harassment.

10. It is submit, this Honorable court constitutionally bound to

protect the innocent persons from false implication in criminal
cases. Undergoing a criminal trial by innocent person is also
a kind of punishment. That the Criminal Proceedings initiated
by the de-facto complainant by virtue of a petition of
complaint before the Disha P.S is purposive and harrasive
and palpably frivolous. The allegation contend in the petition
of complaint are concocted, no such fact of torture has ever
been effected upon the 2nd respondent.

11. That the proceedings initiated against the petitioner is

absolutely baseless and displays clear misuse of the
provisions of criminal law. On perusing the said charge sheet
it would be appeared that the police conducted investigation
in a perfunctory manner. No such materials or ingredients
are there to justify the allegation of offence punishable u/s
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498A of IPC. If the proceedings are allowed to be continued

the petitioner shall be harassed and suffers immense without
any sufficient reason. It is the only intention of the 2 nd
respondent to harass the present petitioner by virtue of
pendency of the instant criminal case.

12. It is to submit, the basic allegation of offence punishable u/s

498A of IPC has some specific ingredients they are:- 1.
Married woman was subjected to cruelty. 2. Such cruelty
consisted in a) in lawful conduct as was likely to drive such
women to commit suicide or to cause grave injury or danger
to her life, limb or health whether mental or physical. b) harm
to such women with a view coercing her to me unlawful
demand for property or valuable security or on account of
failure of such woman or not of her relations to him the lawful
demand. c) the women was subjected to such cruelty by her
husband or any relation of her husband.

13. Thus to substantiate an offence punishable u/s 498A of IPC

the prosecution has to prove the above mentioned
ingredients. The allegation of physical and mental torture in
both the cases appears to be general and omnibus. The
ingredients of the offence specifically the statement of
available witnesses does not disclose any specific prima
facie materials by which the present petitioner can be
entangled for the offences u/s 498A IPC. The statement of
available witnesses recorded by the investigating officers
also not supporting the case of the complainant regarding
the direct evidence of torture.

14. It is submit, misusing Section 498A is a new legal terrorism is

unleashed. Harassment and torture enumerated in the
definition of security u/s 498A cannot be proved solely by the
defacto complainant. The criminal law is allowed,
complainant to file a criminal complaint but the same has to
be justified by adducing cogent evidences. The four corners
of both the CDs recorded no such evidence by which prima
facie offence against the present petitioners can be
established. The direct allegation against the husband by the
de-facto complainant is merely from the version of the de-
facto complainant herself.
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15. It is submit that, 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.

16. It is submit, Presently the petitioner is Residing at Flat No.

B-102, A1 Shaheen Complex, Beside Oryx Hotel, Khalidiya,
Abudhabi UAE and the 1st respondent threatening him, that
they will issue Look-Out Circular against the petitioner.

17. It is respectfully submitted that the other important grounds

for quashing of the charge sheet would be submitted at the
time of hearing of the petition.

Therefore, it is prayed that this Hon’ble Court may be pleased to

quash the proceedings in CC 2974 of 2023 on the file of 1 st Additional
Chief Metropolitan Magistrate Court, Visakhapatnam against the
petitioner/accused and pass such other order or orders as this Hon’ble
Court may deem fit and proper in the interest of justice.

It is further prayed that this Hon’ble Court may be pleased to direct

the 1st respondent not to issue Look out Circular pending disposal of
the above Criminal Petition and pass such other order or orders as this
Hon’ble Court may deem fit and proper in the interest of justice.

Place: Amaravati

Date: -09-2023 COUNSEL FOR THE PETITIONER