The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated rn the Memorandum of Grounds of Criminal petition, the High Court may be pf eased to carr for the records relating to cc No. 2go of 2024 on the file the court of the Judiciar Magistrate of First crass speciar Mobire court. at khammam and quash the same. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt Chekuri Jyotsna Devi, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor, High Court for the State of Telangana, Hyderabad on behalf of the Respondent No.1/State and none appeared for the Respondent No.2. |.A.NO.2 0F 2025: The Petition filed Under Section 528 of BNSS., praying that this Hon'ble Court may be pleased to Stay all further proceedings including the appearance of petitioners in CC.No.280 of 2024 on file of First Class Special Mobile Court at Khammam pending disposal of the Criminal Petition. The Court made the following: ORDER: I THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.2556 OF 2025 ORDER: This Criminal Petition is filed by the petitioners - accused Nos.1 to 4 seeking to quash the proceedings in C.C.No.2B0 of 2024 on the file of the learned First Class Special Mobile Court, I Khammam, registered for the offences under Sections 498-A and 506 read with 34 of the lndian Penal Code (for short "lPC") and Sections 3 and 4 of the Dowry and Prohibition Act (for short "D.P Acf')

2. Heard the submissions of Smt. C. Jyotsna Devi, learned counsel for the petitioners and the Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 - State.

3. The learned petitioners counsel . has submitted that the petitioners are facing false allegations in the hands of the de-facto complainant and that they stayed together only for a period of one month and she left the society of the petitioner No.1 and thereafter on enquiry, they came to know that the de-facto complainant got married earlier to another person by name Adepu Shivaram and on learning this, as one of the petitioners herein i.e., accused No.1 has filed a complaint against the deJacto complaint herein on / _- 2

18.12.2023, lodged a private complaint before the Court which was \ taken on file. Further he has also filed a Divorce Petition vide FCOP.No.17 of 2024 on the ground of Bigami which is still pending. She further submitted that the de-facto complainant herein has also filed case under Section 498-A alleging harassment by her first husband and that is pending vide C.C.No.B85 of 2021 . The de-facto complainant herein is in the habit of raising false allegations against the petitioners and just to bearing grudge against the petitioners herein that the present complaint is filed since they have learned about the first marriage and they have already initiated proceedings against here vide their private complaint, so as a counter blast this present case is filed. Hence, prayed to dismiss the same.

4. The present complaint was registered and C.C.No.2BO of 2024 is pending on the file of learned First Class Special Mobile Court, Khammam.

5. When the notices were sent, it is deemed to be served, however, another notice was ordered and it is returned as the "addressee |eft". However, there are several cases pending between both the parties.

6. Perused the record. I I 3

7. lt is borne out by the record that C.C.No.B85 of 2021 is pending against the first husband of respondent No.2 herein. lt is also noticed that the contents of the complaint point out that the in- laws i.e., petitioner Nos.2 to 4 have supported the acts of accused No.1. There are no specific allegations against the petitioner Nos.2 to 4, however, she has specifically alleged that her husband used to harass her for want of additional dowry. Since the other C.C is also pending, this Court cannot express any opinion about the alleged Bigami or her earlier marriage or complaint filed against the first \ { husband. Since, there are no specific allegations made out against the petitioner Nos.2 to 4, the proceedings are quashed against the said petitioners. ln the result, the Criminal Petition is disposed of dispensing

8. with the presence of petitioner No.1 before the trial Court provided, he is represented by a counsel on every date of hearing before the trial Court and he shall be present before the Trial Court as and when his presence is required; and in respect of petitioner Nos. 2 to 4, the proceediigs against them in C.C.No.280 of 2024 on the file of the learned First Class Special Mobile Court, Khammam are quashed.. -l Miscellaneous applications pending, if any, shall stand closod. SD/-B.REKHA RANI ASSISTANT REGISTRAR Note: This order is amended vide Cou rt Order dl:. 231'1 0 12025 in l.A.No.3 of 2025 in Crlp. No.2556 of 2025 by in Corporating the word "quashed" in para No.7 and replacing the para No.8. I 3D/-B.REKHA RANI ASS TANT REGISTRAR ,TRUE COPY// t\ IiECTION OFFICER To,

1. The Judicial Magistrate of First Class, Special Mobi Cou11, Khammam 2, The Station House Officer, WPS Khammam. 3. One CC to Smt Chekuri Jyotsna Devi, Advocate [OPUC] 4, One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT]

5. Two CD Copies J FA -P- PSK /PSL HIGH COURT DATED:08.f09/.2025 2: 10t2025 AMENDED ORDER CRLP.No.2556 of 2025 DISPOSED OF THE CRIMINAL PETITION @ rl ?4- 4 . i I,q r€ ) ,) 0 4 I'l0l/ 206 P' F .ai t - -.-.__*te.