High Court · 2025

1. Sri. Machala Nagadheep,, S/o.Late Machala Raghavendra, Aged. 41 years, Occ. Business, R/o.H No.plot NO.39, Chandragiri Colony, Tirmulgierry, Secunderabad, 500029 2. Smt.Macha Uma Rani,, W/o. Late Machala Raghavendra, Aged. 60 years, Om House Wife, R/o H No. ptot NO.39, Chandragiri Colony, Tirmulgherry, Secunderabad, 500029. ...PETITIONER/ACCUSED NO.1 & 2 The state of relangana, Rep by the pubric prosecutor High cou rttiudicature At Hyderabad for the state Of TS Representing through the Station House officer WPS Begumpet. Respondent No.1 Smt.Machala Priyanka,, Wio.Manchala Nagadeep, Aged about 35 years, Occ . Private Employee , R/o.NO.Plot No.70, Ground Floor, Jawahar Nagar, Rail c o ro n v' Be h i n d J u P i te r c o @ 3$3,1,?ift f i,?i.1i8,.EPit rti %%i, * o ", Petition under Section 528 of BNSS, praying that in the circumstances in the fVlemorandum of Grounds of Criminal petition, the High Court may stated be ple ased to call for the records connected in pursuance of the CC NO_ a302 oi 023 filed ln the Court of the XV Additional Chief Metropolitan Magistrate At 2 Hyderabad District, which was registered U/s 49g -A, 509 rlw 34 IPC , Sec 4 and 6 of DP Act and quash the proceedings against th e petitioner/Accused No.1 to 4 t.A. NO: 20F 2025 ".o, Petition under Section 528 of BNSS, praying that In the circumstances stated in the Memorandum of Grounds of criminal petition, the Hrgh court may be pleased to stay of ail further proceedings in cc No. 4302 of,2oi3 filed In The court of the Hon'ourable XV Additional chief Metropolitan Magistrate At Hyderabad District, which was registered U/s 498-4, 509 r/w 34 lpC , Sec 4 and 6 of DP Act and quash the proceedings against the petitioner/Accused No.'1 & 2; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri S SAI KIRAN ,Advocate for the Petitioners and Ms. s.Madhavi, Asst. public prosecutor on behalf of the Respondent No. 1 and none appear for the Respondent No.2; The Court made the following: ORDER THE HON'BLE SHRI WSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.926 0F 20.25, ORDER: This Criminai petition is filed under Section 52g of the Bharatiya Nagarik Suraksha Sanhita (for short .BNSS) by petitioners/ accused Nos. I and 2 to quash the proceedings against them in C.C.No.43O2 of 2023 on the hle of XV Additional Chief Metropolitan Magistrate, tlyclerabad, registered under Sections 49g-A, SO9 read with Section S4 of Indian Penal Code (for short ,IpC ) and Sections zt ald 6 of Dowry Prohibition Act, 196 1.

2. Heard Mr. S.Sai Kiran, learned counsel for petitioners and Ms. s'Madhavi, rearned Assistant public prosecutor for respondent No. I -State.

3. It is stated in the complaint of respondent No.2(de /aclo complainant) that her marriage was perfcrrmed on 13.11.2013 with petitioner No. I arrd that petitione.r No.2 is her mother-in-1aw. After marriage, respondent No.2 joined the company of her husband at Tirmulgherry. It is a.lleged that after marriage, both her husband. and mother-in-law started harassrng her mentally and physically for additional !. j I 2 JAK, J 3KLP 926 2025 dowry for the purpose of setting up of a plant of pipes' It is further alleged that her husband tortured her to bring Rs.50,0O,OOO/- in spite of being given an amount of Rs.5,00,000/-, 60 tulas of goid, 10 Kgs of silver articles' furniture worth Rs.3,OO,OOO/- ald certain sum of money for wedding expenses at the time of marriage' It is also alleged that her character was suspected by her husbald and mother-in-law and that in the year 2O2O, alter her father-in- law passed away, the family went into debts and both'the petitioners started harassing and torturing her to bring money for repayment of debts' That on 05'06'2022' on the ground of suspicion, she was abused by petitioners in filthy language and was necked out by petitioners' Hence' the complaint.

4. Learned counsel for petitioner submitted that complaint is frled with a malicious intention' That marriage was performed on 13.11.2013 and the allegation that both the petitioners were harassing mentally and physically for additional dowry is false and cannot be sustained' as the complaint is lodged after 1O years of marriage i'e" on 02.03.2023. It is further submitted that respondent No'2 / ,') -.1 3 JAK. J 0RLP 926 2o2s made grave allegations against petitioners and that both the petitioners are willing to cooperate in the proceedings and their appearance be dispensed with.

5. Learned Assistant public prosecutor flor respondent No. 1-State submitte d that allegations levelled are grave in nature. It is further submitted that respondent No.2 was necked out b-v petitioners on the allegation of illicit relation r.r'ith orhers. It is also submitted that petitioner No. I is nqt emplol'ed and i,ras been harassing respondent No.2 for additional dou,n. for setting up of business of pipes. That proceedings initiated by way of C.C.No.43 02 of 2a23 on the file of XV Aclditional Chief Metropolitan Magistrate, H.yderabad, be cor-ttinued and no interference is necessitated. 6. Heard learned counsels, perused the entire rer:ord ald considered the rival submissions.

7. Respondent No.2 was married to petitioner IVo.l on 1 3. 1 I .20 i 3. It is observed from the record that ther.e is an allegation that since marriage, petitioners are harassing respondent No.2 mentally and physicallv for additional dowry and money for the purpose of setting up a plant ol 4 JAK, J cwP 926 2025 pipes, and that in spite of giving cash, gold arrd silver articles at the time of marriage harassment continued. Allegations are t-hat both petitioners are harassing respondent No.2 mentally and physically for additional dowry from the time of marriage and vexed with harassment, respondent No.2 decided to approach Women Police Station, Begumpet on O2.O3.2O23 for action against her husband and her mother- in-law and sought the help.

8. Perused the entire record and documents frled along with the criminal petition, on a perusal it can be inferred that the allegations levelled are for additional dowry for setting up of business. It is observed that, in the complaint it is atleged that aJter the death of her father-in-law in year 2020 petitioners went into debt ald she was being harassed for bringing money for repayment of debts. This aspect assumes significant importance in the light of the contradicting allegations and the complaint being lodged after 10 years.

9. Considered the submissions and considering the age of petitioner No.2 and the entire fa:tual matrix of the case, this Court is of the considered opinie+r-Jhat presence of petitioner t 5 JAK, J oPJP 926 2025 No.2 i.e., accused No.2 in C.C.No.43O2 of 2023 cn the frle of XV Additional Chief Metropolitan Magistrate, Hyderabad, can be dispensed q,ith and her presence is dispenserl,

10. It is made clear that petitioner No.2 shall present herself before the learned Magistrate, if her presence is required. Petitioner No.2 shall file aIhdavit that she will not dispute her identity and that the proceedings c,an go on in her absence, to be conducted by her counsel. Learned counsel for petitioner No.2 shall represent befc,re the trial Court without fail on all dates. petitioner Nc.t2 sha_ll not dispute the proceedings conducted in her absence. This order shall stald vacated automatically, if petitioner No.2 fails to attend the proceedings, as and when sutnmoned by trial Court and also when the counsel representing petitioner No.2 fail to attend Court proceedings on any date. Any observations made in this order shall not influence the trial Court while considering or concluding the case at the time of 1 1. With the above observations, the Criminal petition is disposed of. / 6 JAK, J 0RLP 926 2025 Miscellaleous applications pending, if any, shall stand closed. //TRUE COPY'/ A SI SD/.MOHD.ISMAIL ANT REGISTRAR ./ ECTION OFFICER 'o'., . ,n" xv Addl. chief Metropolitan Magistrate, Hyderabad , ii."'d;i';; l:y': :[lf,'Ai;];:m} A;, BIo ""0'o i ?'13 33Ji"t#r:'3?&i#;Gbn' Higr' co"t at Hvderabad (oUr) VSM/PlP

5. Two CD CoPies l+ i. HIGH COURT DATED:31 10112025 ORDER CRLP.No.926 of 2025 ..-1 1t E ST4 ie ) :) Y :-l v .\ 10 APn 2U[ * 9O c,]spat 1$ -- DISPOSING OF THE CRIMINAL PETITION €ce y(a[ X* 1 j)