High Court · 2025

Petitron under Section 528 of BNSS, praying that in the circumstances stated in the l\/emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the CC No. '1400 OF 2022 on the file of Special Judicial First Class Magistrate for ltrlobile Court, Nizamabad and be pleased. l.A. NO: 2OF 2025 Petition under 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in CC No. '1400 OF 2022 on the file of Special Judicial First Class [Vlagistrate for Mobile Court, Nizamabad and be pleased. This Petition coming on for hearing, upon perusing the [\Iemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Saraswathi Mungi, Advocate for the Petitioner and Mr. Syed Yasar Mamoon, Iearned Additional Public Prosecutor on behalf of the Respondent No.1, and None Appeared for the Respondent No.2. The Court made the following: ORDER t - .:-z ,-l lll-.Lt: H t ustice . Sreeni Rao Criminal Petition No.726 of 2025 Order Petiri,>no', who is accused No.4 in C.CNo.14OC of 2022 on the fii: ,rl ipecialJudicial Fint CXass Magistrar.: {or Mobile Crurt, Nizarnabad (for short 'the courr belou/), fJed this Criminal Peti,ion under Section 528 of Bharatila Nagrik Suraksha lla.nhi:.a (BNSS), to quash the proceecling; in the said CC.

2. The c ar;r: of the prosecution is that respondent No.2 lodged a r:onrp,larnt on3O.O7.2022 at about 18:30 hou.s in the 'Women lbUcr Station, Nizamabad, staing thlt her rnarriage with Anugan,lhula Srinivas Goud (accused Nr.1) was solemnizerl <;n 15.a2.2013 and at the time oi mani;rge, her parents gavi' c:-.h of Rs.10 lakhs and five rolas of g,rlci rowards dowry, but :,:-''. months after maniage, her husbrnd started harassing her nentally and phpically for additional do,r,,ry and he was addrcted to vices and had illegal affarn rnd rsed ro return home in intoxicated manner, beat her and abuse her in filthy language, due to which her parents gave Rs.5 lakhs towards additional dowry but her husband did not change his behavior and continued harassing her mentally and phpically for additional dowry. He failed to provide food and clothes to her and her son and as such, she went to her parents' house and with their support, got her son's admission in the school and recently a month bach one Narendar Goud, who is the cousin of her husband, took her son stating that her father-in- law died but failed to bring him back She, therefore, requested to take action against her mother-in-law, husband, sister-in-law and the petitioner, who is the matemal aunt of her husband' Based on the said complaint, Cnme No.43 of 2022 of was registered against the accused. After completion of investigation and filing of chargesheet, the aforesaid CC was numbered on the file of the court below. ,;1i 3 3 Hearrl \1r. N.Mohan Goud, leained cotursel rep'esenring IVIs. Mung;i Saraswathi Reddy, learned counr;el for the petitioner-rcc:rrsed No.4 and Mr. Syed Yasar lVlarnoor:, learned Additional t?trblic Prosecuror appearing lor respondent No.1/Star-<:

4. Desprte ;ervice of nodce, respondent No.? [x5 ,roa entered a[)pealance.

5. Leamecl :ounsel for the petitioner submined rhat the petitioner has not committed any offence and she r..as falsely implicated ur rhe present crime. The investigar.ine officer, without ;,rrrc,t lh. conducting investigation, filed the charge sheet and ir,. :he chargesheet also, there are no alk.gations, much less :;;,eci{ic allegations against the petitiorer hat she harassed respcndent No.2 for additional dowry. Hence, the ingredienr; rt Section 498,{ ipc and Section + of the Dowry Prohibition ,1.r1 are not attracted against the petLtiorrer. In support ol' rir; :ontention, learned co,rsel relred upon order t' i i I I dated 01.09.2022 pused by a coordinate Bench of this C-ourt in GI.P.No.1707 of 2022, wherein it was held that the relatives of the husband should not be roped in criminal cases on the basis of omnibus allegations and unless specific irutances of harassment by the relatives of the husband are pointed out, the1. garur, be subjected to undue harassment through initiation of criminal proceedings.

6. Per contra, leamed Additional Pubic Prosecutor submitted that there is specific allegation against the petitioner and other accused that they demanded for additional dowry and harassed respondent No.2 phpically and mentally and the truth or otherwise of the same has to be decided during the courre of trial and at this stage, the Petitioner is not entitled for quashing of the proceedings in the aforesaid CC

7. ,.Llavngconsidered the rival submissions made by leamed counsel for the parties and on perusal of the material available on record, it reveals that respondent No.2 lodged a complaint l I I 5 against the ;:etitioner and othen stating that Ler lrusband, parents-in-iat, sister-in-law and )ounger mother-in- avr have harassed at'r p,hlsically and mentaily to bring additiond dowry. In the charyesheet also, the investigation officer- sp,ecifically mentione,i ti::t the petitioner and other accused hrve harassed respondent lJo.2 phpically and mentally and d,:manded additional ,I,.^rar \)(4ri1e there can be no dispute vith the frnding n:r::rclt:d by the coordinate Bench of thrs rlun in \ \ Crl.P.No.I7'A.z ci 2022, on which reliance has bee,n pLaced by leamed cotLnr;,:[ for the petitioner, the question, whe,ther the petitioner FLcn:,n has committed the offence q,ith rv,ich she has been :LLa4;ecl with, can be decided oniy dunng th,3 s61-115s of trial. lien:e, this Court is not inclined to qtrash the proceedin4s ru rlC.No.14OO of 2022.

8. Accr>rdinglv, the Criminal Petition is d:sposed of However, as thc petitioner is stated to be a Govemrnent school 6 n teacher, her presence before the coun below is dispensed with, unless specifically required.

9. It is made clear that the petitioner/accused No.4 shall have to be present before the court below whenever her presence is specifically required for adjudication f o CCNo.14OO of 2022. As a sequel, miscellaneous petitions, pending if any, stand closed. To /ffRUE COPY// SD/. MOHD. ISMAIL D PUTY REGISTRAR ECTION OFFICER l.TheFirstAdditionalJudicialFirstClassMagistrateatNizamabad, 2. The Station House Officer, WPS Nizamabad' Nizamabad District' 3. One CC to Sri. Saraswathi Mungi, Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

5. Two CD CoPies W srvl/gh HIGH COURT DATED: 071(:t4t2025 ORDER CRLP.No.726 of 2025 f.T"- ) l4 re 17 ,tJt ?025 $ I (1 c o o ..1 \ CRIMINAL PETTITION IS DISPOSED OFF @o1,,,.,. .-,.6 \,\ '