High Court · 2025

Judgment

1. 2 The State of Telanoana Through p.S. Huzurnagar, Rep. by public . Prosecutor, High C-ourt of Terangana. Kukkadapu Sai Thrilok, S/o K. Bala Krishna, Age 32 years, Occ. pvt Emptoyee, R/o H No .t-112t4ua-N;ii Huzurnaqar, suryaoet District, Tetanginr:soazl-i J"ih/o. C006, Btock C, whistting woods, Manchirevuia, 6k;;;t, Hi,i!ir-#ji i "ransana_500075. 3i'aJir"r-n,e"atre Road, ...RESPONDENT/COMPLAINANTS Petition under section 529 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar'pe'tition, the iigh c"r.t ;lv ;. pleased toto Quash the FrR No. 235 of 2024 aatea ll-ro-zdz+ ,g"in.i'th" Petitioners/Accused No, s to 7, pending before- Huzurnagar porice station, Suryapet District, Telangana. l.A. NO: 2 OF 2025

Petition under Section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of Criminal peiition, the High C;;;;;yl" pleased to stay all further proceedings in FIR No. z3s of 2o24 dated .l 1_10_2024 pending before Huzurnagar porice station, suryapet District, Terangana, incruding 'pending oispos"ioi-it.-qrl.n arrest of Petitioners/Accused No. 5, 6 and 7, petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminat petiion and upon i;J;; ihl ,rgrrent. of Sri MTRZA SAFIULLA BA|G ,Advocate for the petitioner rnisii s.Madhavi, the Addr. pubric Prosecutor (TG) on behalf of the Respondent No..l and none appeared the Respondent No.2. The Court made the following: ORDER t THE HON'BLE SHRI JUSTICE ANIL KUMAR WKANTI CRIMINAL PETITION No.889 OF 2O2S ORDER: This Criminal Petition is frled under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for: short 'BNSS) seeking to quash F.I.R.No.235 of 2O2zt dated ll.lO.2024 against the petitioners/accused Nos.15 to 7 pending on the file of Huzurnagar Po.lice Station, S uryapet District

2. Heard Mr. Mirza SaJiulla Baig, learned counsel for the petitioners, and Ms. S. Madhavi, learned Assistant. public Prosecutor fcr the respondent - State. Perused the record

3. FIR caLrne to be lodged on the basis of direr.:tion of JFCM, Huzurnagar, the private _ complaint \4,as by respondent No.2 . FIR came to be registered as Crime No.235 of 2024 on ll.lO.2024 under Sections 61(2), 318(3), 3t6(21, 329(4), 351(2), 351(3) and 352 of BNSS. Cases are filed by both husband and wife against each othr:r with various allegations. I 2 JAK, J Cd.P.No.a89 of2o25

4. Marriage of respondent No.2 was performed with accused No. 1 i.e., Siddagoni Manisha, allegations are accused No.l started quarrelling with respondent No.2, without any reason, and that she was taken to several hospita-ls for treatment of her grnaecological problems, but did not take medication on time and caused financial loss and mental agony to respondent No.2. It is further averred that health issues were not disclosed by parents of accused No.1 and respondent No.2 deceived keeping in dark. It is further averred that accused No.l never had intention to maintain cordial relation(s) and a peaceful environment in the marita-l house. That accused No.1 was always suspicious about respondent No.2, when talking on phone and kept questioning about the phone calls and checking messages.

5. It is stated that accused No. 1 used to get arrgry on silly issues, abuse in filthy language, was arrogant, that in spite of several panchayats, there was no change. That on

17.1O.2O23, accused No.1 consumed phenyl, was taken to hospital, that she had suicidal tendencies, and in such 3 JAK, J Ctl.)'.No aA9 oJ2o25 circumstances, respondent No.2 was constraine(l to Iile H.M.O.P.No.7Ol of 2024 for divorce

6. It is averred that on 22.09 .2024 , when respondent No.2, along with'his parents, visited Tirumala, stayed at Karthikeya Residency, accused Nos. 1, 3 and 7 trr.:spassed into room aLnd made galata abusing respondent No.!1 and his family merrrbers. That accused No.1, on 29.O9.2024, keeping a-11 these in mind, illegally trespassed into the house of respondent No.2 and threatened his family members with dire conseq-uences. Hence, complaint dated 11.10.2024 was made and the said complaint was referred b1, JFCM and FIR came to be registered as Crime No.235 of 2024 arLd under inve stigation

7. lrarned counsel for petitioners/accused Nors.S to 7 submitted lhat after marriage of respondent No.2, accused No. 1 came to know about the nefarious activiti.es with another woman, talking on phone and messaging with other women and that when acts of respondent No .2 were questioned, respondent No.2 levelled false allega tions of grnaecological problems, refused for treatment and that all ./ / 4 JAX, J Ctl.P.No-8A9 of2025 a other allegations in the complaint were addressed to JFCM' It is stated that their ma.rriage took place on 08.12-2021 and that a huge amount of dowry including gold and silver articles were presented at the time of marriage.

8. Learned counsel for petitioners/ accused Nos'S to 7 invited attention of this Court to legal notice dated Og.lO.2O24 issued to accused No.l and two others' It is contended that ingredients in the complaint were never reflected in the lega-I notice dated Og.lO '2()24 and tfrat tnis establishes the fact that the allegations levelled in the complaint dated 1 l.lO.2024 are baseless g. It is submitted that H.M.O.P.No.1OL of 2024 hled in the Court alleging that on 22.09.2024, when respondent No.2 stayed in Karthikeya Residency in Room No'301 at Tirumala, accused Nos-1, 3 and 7 trespassed into his room' when he was with family members is false ald it is to overcome overt acts of respondent No'2' That in fact respondent No.2 was with another lady and he filed the present complaint to cover up his covert activities ' ,w 5 JAK, J CrL P.\b.AA9 oJ2O25

10. Learned counsel for respondent-State submitted that case is uniler investigation and allegations levellerl are of suicidal tendencies, mental harassment and thrt:atening relatives with dire consequences. That all these issutes need to be gone, into and investigation is necessar5r. It is interference is unwarrartte'j and submitted that investigation be permitted to go on.

11. It is observed from record that respondent No.2 leveiled var:Lous allegations against his wife, accused No. l, and six (6) others, registered as F.l.R.No.235 of 2024. H.M.O.P.No.1O1 of 2024 rs pending on the Iiie of Serrior Civil Judge at Huzurnagar for grant of divorce.

12. On 2,1.09.2024, F.I.R.No.1O9B of 2024 came to be registered, complainant is wife of respondenl- No.2' Allegation s are that respondent No.2 and his father and mother used to harass accused No. 1 physica tly and mentally and that respondent No.2 used to beat her and that respondent No.2 was never affectionate towards her. It is further alleged that when she confronted her husband about calls and messages of having affair with a lady and 6 JAK, J CrlP.No.A89 of 2O2s r that he used to beat her during night hours and tried to neck her out of the house.

13. Cases are filed by husband and wife against each other and their relatives. Allegations are levelled on various counts and appear to be omnibus in nature, there are no specilic overt acts attributed to the petitioners, except stating that they were part of the family and were involved.

14. On considering the entire factual matrix and 'having perused the record, this Court is of the opinion that presence of petitioners/ accused Nos.5 to 7 in Crime No.235 of 2024 on the file of Huzurnagar Police Station, Suryapet, can be dispensed with and is accordingly dispensed with. The Investigating Officer is directed to proceed with the investigation after issuing notice under Section 35(3) of BNSS (earlier Section 41-A of Cr.P.C.) to petitioners/accused Nos.S to 7 and shall lol1ow the guidelines of the Apex Court's judgment in Antesh Kumar as. Sto:te of Bihar and Another.l '12ora;a scc zzl 7 JAK, J Crt P.\0-889 of2o2s

15. It is made clear that petitioners/ accused Nor;.S to 7 shali present themselves before Investigating Officer, if their presence is necessar5r for the purpose of invest.igation. It is also made clear that if they do not present themselves before the Irrvestigating Of{icer, as required, this order shall stand vacated automatically. P.rry observation s made in this order shall :eot influence the Court below while considering or concltrdirLg the case at the time of trial

16. With the above observations, this Criminal Petition is disposed of. Miscellaleous petitions, if any, pending in this criminal petition shall stand closed. Sd/. L. LAKSHMI BABU ISTRAR ASSI //TRUE COPY// (i FFICER To,

1. The Judicial First Class Magistrate at Huzurnagar, Suryapet Dis;t 2. The Station Hcuse Officer, Police Station' Huzurnagar. Suryapert Dist 3. Two CCs to the PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 4. One CC to SIll. MIRZA SAFIULLA BAIG Advocate [OPUC] 5. Two CD Copies @ ,] I HIGH COURT DATED:0310212025 ORDER CRLP.No.889 of 2025 ixe Sre 16: c ) o 2 1 trtAfi l:[25 + 0 CRIMINAL PE:T|TION lS DISPOSED OF 6 4 b \4"