High Court · 2025

The state of rerangana, Represented by the pubric prosecutor High court of Telangana. 2 Ayu.|q _D/o Mogthar, Aged .about 28 yea.rs, Occ. Senior Software Engineer, R/o Sri Sai CK Womenrs Hostel and'pG, 'ai Vinayaf. f.f agar H.No 6.6_g;. Shivajinagar, Sansareddy. (There is complainant) no absolute relationship between petitioner and defacto ..,RESPONDENTS Petition under section 52g of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to quash cc No. 1671 of 2024 pending on the fire of the II Additionar Junior civil Judge-cum-X Addr. Judiciar Magistrate of First crass, Ranga Reddy District at Kukatpally. l.A. NO: 2 OF 202s Petition under Section 52g of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to stay aI further proceedings in cc No. 167i of 2024 pending on the file of the Honorabre I Additionar Junior civir Judge-cum-x Addr. Judiciar Magistrate of First Class. Ranga Reddy District at Kukatpally. - This Petition coming on for hearing, upon perusing t1e Memorandum of Grounds of Criminal petition and upon hearing flre arguments of Mr MOHAMMED NAZEERUDDTN KHAN, Advocate for the p:titioner and Sri VIVEKANANDA REDDY, Assistant Public prosecutor (TG., on behalf of PALLE SRIHARINATH, Advocate for the Respondent Respondent No. 1 and Sri M, No.2. The Court made the following: ORDER 7 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.33O2 OF 2025 ORDER: This Criminal Petition is frled under Section 528 of BNSS by the petitioner/accused. to quash the proceedings in C.C.No.167l of 2024 pending on the frle of the II Additional Junior Civil Judge-cum-X Additional Judicial Magistrate of First Class, Ranga Reddy District, Kukatpally, for the olfences punishable under Sections 493 and 42O of IPC.

2. Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistalt Public Prosecutor for respondent No.1 - State.

3. The de focto complair:^arlt f 2id respondent lodged a complaint against the petitioner before the Gachibowli Police Station as follows 'I state that I am residing at aboue address and uorking as Sofiutare Engineer and leading mg life. Zeeshan S/o. Mohammed Mujeeb person is known to me from child tnod orutards. This person uhen I uas studying in school met him in the Science Fest. After utards Engineeing u-te both haue Studied in BVRIT College. Afi,er Engineering regarding job purpose I am staging at 2 .- Vinagaknagar Sn Soi CK Womens PG & Host'.el and at Madhapur Mindspace uorking at Co mpang named Open Tert as a Sofiware. Zeeshan Person after Engineeing uorking at Amazon Comp tny at Kokapet and Trauels from Sangareddgfrom his home to Office. After that this Zeeshan rnujeeb named person in the year 2021 on Social Media Platform he has proposed me.uhat is that ir; he is louing me and he uill marry me and some em)tional messages u)ere sent by him. This person Zeeshan said that I uill marry you bg belieuing his utords I staged tuith him in relation. After that this person talked me on phone and said ute tuill meet after meeting this Zeeshan named Person said "Ytu are mA utfe and I utill marry Aou" bg belieuing me'. Afier that met with me phg sicallg. By this Zeeshan named person met me phy sicallg in the gear 2022 Nouember 22 JV Colong, My Home Suite met Zeeshan Phg sically. After that he forced me t(, come to tour utith him in 2022 December u.tent to Goa 3 Dags. At that mouement also Zeeshan met me Phgsicallg Afier that this Zeeshan named Per:;on on December 29, 2022 in Foir Field by Marriott, Gachibotuli Hotel Booked Room and me:t me Physicallg. Afier Some dags mg parents were tf mg marriage, this thing I haue said to Zeeshan at present he not listened to my words and keTtt that on side. He is not lifting mg calls and not replying to mg messages. By this u.tay he said that he is louing me and uill marry me and met phg sicallq and cheated me the person named Zeeshan Mujeeb and requested to enquire on Zeeshan Mujeeb. This Zeeshan Named person in recent engaged to another person got knoun. " 3

4. The Hon'ble Supreme Court in the case of Ro;m Chandra Bhagat a. State of ,Iharkhandt held that to prove the offence under Section 493 of IPC, two ingredients have to be satislied i.e. (1) deceit causing a false belief of existence of a lawful marriage and (2) cohabitation or sexual intercourse with the person causing such belief.

5. In the present case, the allegation made by the de facto complainant/2"d respondent is that the petitioner promised that he would marry her and she is only his wife. However, the said statement itself does not attract Section 493 of IPC which is 'deceit causing a false belief of existence of lawful marriage'. Apart from saying that the 2od respondent would be his wife, there are absolutely no acts which are alleged by the de facto complainant to believe that there was any lawful marriage. When there is nothing on record to believe the existence of lawful marriage between the petitioner and 2nd respondent, the ingredients of Section 493 of IPC does not anse. '1zor:y rscc soz l i I f I I I i l I l I 4

6. This Court is not inclined to delve into the facts to ascertain whether there was an act of deceit to attract an offence under Section 42O of IPC. In the present facts of the case, an offence under Section 493 of IPC is not made out and the trial Court shall frame charge under Section 42O of IPC and decide the case on the basis of the evidr:nce adduced during the trial. 7 . Accordingly, the Criminal Petition is all,rwed-in-part. Miscellaneous Petitions pending, if an_v, shall sta,nd closed * To, .1. \ //TRUE COPY// SD/- MOHD. ISMAIL AR DEPUTY REGIS SECTION OFFICER The X - Additional Metropolitan Magistrate, Cyberabad at Kukatpally. Station House Officer, Gachibowli Police Station, IVIadhapur, Cyberabad

2. -fhe 3. Two CCs to the Public Prosecutor High Court at Hyderabad. (OUT) 4. One CC to t\4R. MOHAMIUED NAZEERUDDTN KHAN, ,Advocate [OpUC] 5. One CC to IVIR. PALLE SRIHARINATH, Advocate [OPUC:] 6 Two CD Copies RC/gh 5 't HIGH COURT DATED: 0110512025 ORDER CRLP.No.3302 of 2025 1t} JUil 2W t o .., t\ r)A-(-l r Accordingly, the Criminal Petition is Allowed-in- part. C"Pi"l C' $e- 64'r