The High Court · 2025

The State of Telangana and 2 others' Rep by its Public Prosecutor' High Court of Telangana at HYderabad ' sub lnspector of Police, Paloncha Police station Kothagudem Bhadradri Kothagudem District ResPondents Srilatha Kesaboina, W/o G.Santosh Kumar, H No l8-1-156' Bollerigudem' Friuonin, (Mandai)' Bhadradri Kothagudem ...RESPONDENT/DEFACTO-COMPLAINANT Petition under Section 482 of Cr'P C praying that in the .circumstances stated in the Memorand,._ot Gl-o,nd. of Criminal Petition, the High Court.Tay to FIR-No '141 of 2020 ' dt 06 04 2020 be pleased to call for tne re"otOs ;;i ah*g" sheet No.'123--ol zozo, it za oa zozo from the Police station 'elating Palvoncha-Town by way of quashing the CC No B90 of 2020 l.A. NO: 1 OF 2021 Petition under Section 482 of Cr 'P 'C praying that in the circu-mstances stated in the lr/temorandum of Grounds of criminal Petition,the High court may O" ff"r."o to stay all proceedings in CC-No 89o ol 2o2O in Crime No 141 of iOZb on the file oi the ll Addl. J-uOiciat First Class Magistrate at Kothagudem' Bhadradri Kothagudem District, earlier Khammam District r.A. NO 1 0F 2024 Petition under section 482 0f cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar Fetition,the nigh corii mrv be pleased to hear the above criminar petition No. 39.r6 of 2021 a; drs;;;e the sa me l.A. NO: 1 OF 202 2 Petition under section 482 of cr-p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar Fetition,the Hrtt c"rit ,ry be pleased ro expedite hear to above. criminar petition No.3d'16/2021 and dispose of the same This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri IvTADAS BHARAfH CHANDRA ,Advocate for the petitioner and [Vlr t\,il Vivekananda Reddy Asst Public Prosecutor on beharf of the Respondent No1 and 2. and none appear for the Respondent No 3. The Court made the following: ORDER HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.9916 OF 2O2L ORDER: This criminal petition has been liled seeking to quash the proceedings in C.C.No.89O of 2O2O on the frle of II Additional Judicial First Class Magistrate at Kothagudem, Bhadradri-Kothagudem District wherein the petitioners were arrayed as accused Nos.l to 3 for the offences punishable under Section 498-A, 506, 188 of Indian Penal Code ('IPC' for brevity), Section 3 of the Epidemic Diseases Act, 1897, (ED Act'for brevity) Section 3 and 4 of Dowry Prohibition Act, 1961 ('DP Act' for brevity) and Section 51(B) of Disaster Management Act, 2OO5 ('DM'Act).

2. Heard Sri Madas Bharath Chandra, learned counsel for the petitioners and Sri M.Vivekanda Reddy, learned Assistant Fublic Prosecutor appearing for respondent Nos' I and 2 '

3. This Court on 11.08.2021, while ordering notice granted interim direction dispensing with the personal appearance of the petitioners/accused Nos. 1 to 3 in C.C.No-89O of 2O2O 2 Crl-P.No.3916 OF 2O2l JSR, J . I permitting the learned counsel for the petitioners to take out personal notice to respondent No.3. pursuart to the same, learned counsel fired proof of service vide USR No.g6o95 of 2021 on 27.12.2O2I. According to memo, notice was served to respondent No.3. In spite of service of notice, respondent No.3 has not chosen to enter appea_rance. However on 01.0g.2025, this Court directed the learned Assistant public prosecutor to serve notice through concerned SHO to respondent No.3 and the matter was posted to 1g.08.2025. 4 . Learned Assistant public prosecutor submits that the concerned SHO served notice to respondent No.3 ald placed the copy of notice dated 2g.Og.2O2S. In spite of receiving notice from sHo, respondent No.3 has not chosen to enter appearance. Hence, this Court is not having any option except to proceed with the matter on merits.

5. Learned counsel for the petitioners submits that the petitioners have not committed any offence much less the alleged offence. Even according to the allegations made either in the complaint or in the charge sheet ingredients of Section 3 JSR, J CrI.P.No.39l6 OF 2021 498-A,506, 188 of IPC, Section 3 of the ED Act' Section 3 and 4 of DP Act and Section 5 i (B) of Oirn 'qct does not attract against the petitioners. Petitioner No' 1/accused No' 1 marriage was performed with respondent No'3 on 22'Oa'2ola and the said marriage was registered on 04' 10'2018' Respondent No.3 left the matrimonial house of the accused No.l and she filed H.M'O'P'No'141 of 2079 on the file of Principal Senior Civil Judge, Kothagudem seeking dissolution of marriage and the said O'P' was dismissed for default on O3.O1.2023 and the said order has become final'

6. He further submitted that petitioner No' l/accused No' 1 lodged complaint against father and brother of respondent No.3 on 01.08.2023 before Station House Officer' Paloncha Town and basing on the same, Crime No'258 of 2023 was registered for the offences under Section 420' 494' 506 tead with 109 of IPC and 156(3) of Cr'P'C' Thereafter' respondent No.3 lodged the present complaint on 06'04'2020, against the accused No.1 and accused Nos-2 ald 3/petitioner Nos'2 ald 3 who are mother ald elder brother of accused No.l for the alleged-bffences as a counter blast, though the petitioners 4 JSR, J. Crl.P. No.3916 OF 2O2l have not committed aly offence. He further submitted that respondent No.3 made allegations in the present complaint that the accused No.l forcibly married her on 22.OB.2Olg whereas in the divorce O.p she made other allegations which are both different ald distinct. He further submitted that respondent No.3 has a_lready got married to one Ammaraju Bhanu Uday Kumar arld was blessed with a child in 2022. In support of his contention, accused No. I filed sworn afhdayit along with I.A.No. I of 2024 by enclosing a copy of the letter rssued by the Public Information Officer, patoncha Municipality vide proceedings Roc.No.B&D/RTI/Ig2g /2022 /76, dated 18.tO.2O22. He further submitted that accused No.1 had made specific allegations against respondent No.3 that she is having relation with Ammaraju Bhanu Uday Kumar and basing on the said allegation a Crime No.258 of 2023 was registered against respondent No.3 as well as Ammaraju Bhanu Uday Kumar. He further submitted that petitioners had not demanded arly additional dowry arrd the ingredients under Section 49g A of IpC and Section 3 ald 4 of 5 JSR, J Crl.P.No.39l6 OF 2021 DP Act, does not attract and continuation of the proceedings against petitioners is clear abuse of process of law. Learned Public Prosecutor submits that respondent No.3 7 . has made allegations against the petitioners that they demanded additional dowry. Whether the petitioners demanded the additional dowry and committed other offences have to be decided a-fter ful1 fledged trial and the petitioners are not entitled to seek quash of proceedings.

8. Having considered the rival submissions made by respective parties and a-fter perusal of the material available on record, it reveals that the accused No.1 marriage was performed with respondent No.3 on 22.08-2018 and their marriage was registered on 04' 10.2018. The record further reveals that accused No.1 hled complaint against respondent No.3 and others on 01.O8.2023 on the file of Pa'loncha Town basing on the said complaint, Crime No.258 of 2023 was registered for the offences under Section 420, 494, 5O4, 506 read with 1O9 of IPC, 156(3) of Cr.P.C. In the said complaint the accused No.l specifically a-lleged that respondent No.3 is 6 JSR, J Crl.P No.J9 t6 OF 2021 { having relation with Ammaraju Bhanu Uday Kumar who was made as accused No.5. Subsequent to lodging of the said complaint respondent No.3 fi1ed the present complaint on 06.04.2020 against the pedtioner No.1 who is accused No. 1 ald petitioner Nos.2 and 3 who are mother and elder brother of accused No. 1. 9 The record further reveais that respondent No.3 has filed H.M.O.P. No 14l of 2019 before principaJ Senior Judge, at Kothagudem, seeking divorce and the said O.p was dismissed for default. subsequent to the frling of the said HMop, respondent No.3 has filed the present complaint on 06.O4.2O2O. The Investigating Officer without takr.ng into consideration the above said aspects filed final report on 28.O8.2O2O for the offences under Sections 49g_A, 506, 1gg of IPC, Section 3 and 4 of Dp Act, Section 3 of ED Act, Section 51(b) of DM Acr before learned II Additional Judicial First Ciass Magistrate, at Kothagudem and the said Court has taken cognizance and the numbered the same as C.C.No.g9O of 2O2O. It is relevant to mention that the allegations made in I 7 JSR, J Crl P.No.3916 OF 2021 the HMOP and the present complaint are different and distinct.

10. Taking into consideration the peculiar facts and circumstances of the case, while exercising the powers conferred under Section 482 of Cr.P.C., this Court is inclined to quash the proceedings against the petitioner Nos. 1 to 3/accused Nos.1 to 3. 1 1. Accordingly, the Criminal petition is allowed Miscellaneous petitions, if any, pending in this criminal petition sha-ll stand closed ,,fr"'i"t?EtJiATt @ //TRUE COPY'/ SECTION OFFICER To, Bhadradri 1 2 J. 4 ( Kothagudem ffi .,jfiltJB1lilil,:5:fJift"*ifl :li'L:satKothasudem' The Station House Officer' Police Station Palavancha TN ' One CC to SRI MADAS BHARATH CHANDRAAdvocate [OPUC] Two CC to SRI PUBLIC PROSECUTOR Advocate [OUTI Two CD CoPies ?A- HIGH COURT DATED:25 tOgtZO2S ORDER CRLP.No.3916 of 2021 .\\ -: l-:.=: l4--,- ,,ii S,'ti-,i.-t:*,.- - (2.: ''l \ \t.-' r ! 0ii 2S6 -k l+':- CRLP IS ALLOWED (* "1 t0 '), {