The High Court · 2025

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri POLUKANTI RAGHUVARAN,AdvocateforthePetitionerandthePublicProsecutor(TG)on behalf of the Respondent No. 1 and None appeared for the Respondent No 2' The Court made the following: ORDER , THI) E ONOURABLE SRI JUSTICE K.SUREN]DER EF IMINAL PETITION No. 1480 0F 2021 ORDER: proceedings Cr.P.C., by Thrs ,l irninal petition is filed under Sectiort 4g2 of 'l.re petitioner/accused No.2, to ,1u ash the :r C.C.No.55O3 of 2O2O, on the frl<: of the V Additional I{ ' ropolitan Magistrate, Cyberabad, L.J,3.Nagar, for the offer c r,t, punishable under Sectio n 49g_A, 323, and 506 of I.p.rl. r rd Sections 3, and 4 of D.p.Act 2 Heard .e uned counsel for the pe titioner/accr_rs,itd No. 2 learned Assistant public and Sri M \/i ..:kalanda Reddy, Prosecutor 1lr - rspondent No.1 _ State. perused the reoord. 3 The 2",1 r ,rpondent lodged a complaint on 0.1.0€i.2020, which reads as; f .:,llows: The lruspec.'tl Mahila PoLi-c t. Saroomaoc r, Respectecl Sir ' .a li Professor, Il,/ B.N.Reddt4 llo S/ o Parttl: No.TSOBtJLt) 7 B.N.Red.dq lra I got manriage al:;t 1f Police, ; lation, I lgderabad. ',nadam. ' ti.shnaui uL/ o p.Vishnu Vard.han, Occ Assr ' S.K.D.Nagar Road No.9, Near Shiualagcttt 7cLr. Mg husband name p.Vishnu Vart:lh an :, rathi Occupatinn: Cab Diuer (Vehrcte t :i) R/ o. S.K.D.Nagar, Near Shit,alallam, ltl r :,:trried on 23.03.2OO9. At the time oJ rhe ,,\-eg had prouided all the fatse infornTatrcn 2 regarding my husband Date of Btth' job and his behauior' Slnce the d.ag one of my morriage my husband drinks dailg ond. tortures me ptWsballA and mentallA' We are hauing ttuo children (Twins) boy and girl of oge 10 gears' He daitg dlrnks and obuses, beats me frequentlg till late nights upto 2:OO A.M. or 3:O0 A.M's. His impact is also on the children' he aLso deals similar utag ruith chitdren' Children are gexing aJraid of him. He also calls mU parents and relatiue.s and ibuses'them frequentlg by colting at mid nights' He abo scolds me and. beats me to brilg money from my porents' In spite I om motntaining all the Jamilg needs' He neuer takes tik responsibitity toutards fomilg and does not unrk at all and d.oes not eam anA tnnea' He b not soci'al and he does not allott-t me and chil.dren to talk and go anyuhere euen mA parents home' He also does not al|ottt anAone to corrc to our home' I tried out mang times by giuittg him mang chances but his behauior did not lhange. Hi ,.p.at"d his psycho nafrt're touards me and ' chil.dren- I also gaue complaint in Vanasthalipurom Polbe Station for ttao times we has tri-ed to talk tuith elders people and pi Counseling but hi's behauior did not change at all' Euen his porents ieuer take responsibilitA tnuords tlTe issue and, neue, aam hitt.- He does alL these things with his parents support onlg. He putled out Mangal-sutra ttuice and 'l"Jt ^. on'-ods at late night He also cut mg hair tttith his all these things he spoiled mine ond psycho nahtre. By doing children's life. So PIease take necessary action and ProDide justifiration and secure my tife from him'"

4. The 2'd respondent was again exarnined by the police under Section 161 Cr.P'C', and the sarne narration is given' however, additional allegation is mentioned in the statement that a demand of Rs'2,00,000/- is made' , I 3

5. The ,rl (:gation against the petitioner is thar though the 2"d respo.-rC, 'rt informed the petitioner, who lives ir: Kurnool, he did nc,t ' a ke care and stated that h_e. has perfrirmed the marriage a r-r : it is for the 2"d respondent and her husband i.e. Accus,:,1 rJ.o.1 to live their own lives.

6. The or lt. allegation against the petitioner is; that he refused to .r lr::rfere with the lives of 2,d respondr:nr and her husband i r, son of the petitioner.

7. The sa 11 act of the petitioner in refusinll r_o either admonish h r,, son or interfere with the acts of the son/accus,:,i. t,lo.l will not amount to cruelty. Section 4gB_A ofIPC reads z s under: \ { "41 B-A. Eusband or rela.Cive of husband oJ- ct woman .tlab ecting her to crueltg._ Wtoeuer. oe unmqtL .;ti,b impis<ttn,tzr shat| qLsc te section, ":ttL, a n-ahtre' a; cause qrcLL <, mental or pl,.r u..there .stt :l person retc te r L7 the husband or the relatiue of the husbana cf a .:ts such taoman to cneltA sh(tll be punLshed uith tbr a term u.hich mag extend to three gears cnd t,eb\e to fi.ne.ExpLctnation.- For the purpase oj- thts 1 ry" means-lg)ang wttful conduct which is of stch . tikelg to diue the u,oman to commit suicicle or to t,|ury or danger to ti,fe, limb or health (whetLer sical) of the unman; orl!)harossment of the unman t ).assment is tuith a uielu to coercing her or a,tg I to her to meet anA unlautfu) d.emand for ang t. tqble securitg or is on qccount of failure bg her x Propei.Lt o. t,( ang person re .,led to her to meet such demqnd..,, 4

8. As seen from the allegation made, the petitioner refused to interfere with the lives of respondent No.2 and her husband. As such, the conduct of not interfering in between the wife and husband or not admonishing his son to behave properly with the 2"d respondent, will not fall within the explanation of cruelty. For the said reason, the proceedings against the petitioner are liable to be quashed. g. Therefore, the proceedings in C.C.No.55O3 of 2O2O, on the file of the V Additional Metropolitan Magistrate, Cyberabad, L.B.Nagar, are quashed. Accordingly, this Criminal Petition is allowed. Miscellaneous Petitions pending, if any, shall stand closed. //TRUE COPY// SD/- K. AMMAJI EPUTY REGISTRAR I/ SECTION OFFICER To,

1. The V Addl I\4ehopolitan Magistrate, Cyberabad at L.B.Nagar. 2. The Station House Officer, WPS Sarooinagar, RachakondS. 3. One CC to SRI POLUKANTT RAGHUVARAN, Advocate tOpUCl 4. Two CCs to the Public Prosecutor, High Court for the Sta-te of T6langana at 5. Two CD Copies Hyderabad {OUTI SM/gh tto w--- HIGH COUFiI DATED: 12t11.t12025 l i ORDER CRLP.No.14lltt of 2021 HE SI

4.:\ 1 a 5 t 3 ?ztui )ip; ( ( o t S,t/ r-" ALLOWING 'TI-1E CRIMINAL PETITION 1l',' J)