The High Court · 2025

1. State of Telangana,, Represented by its Public Prosecutor, At High Court of Telangana, Hyderabad.

2. Smt.Banda Chaitanya Kumari, W/o. Banda Srinivas Goud, Age 32 years, Occ: Yoga lnstructor, Rl/o. H.No.22-96/5, Radhakrishna Nagar, Malkajgiri, Hyderabad. .RespondenUComplainants Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the C.C.No.551 of 2023 dated. 03-04-2023 pending on the file of Hon'ble Principal Junior Civil Judge-cum-Metropolitan Magistrate, Medchal- Malkajgiri District, at Malkajgiri as against the petitioner herein for the alleged offence under Section 498-4 lPC. l.A. NO: 1 OF 2023 Petition under Section 482 oi Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant a stay of all further proceedings in C.C.No.SS1 of 2023 dated. 03-04-2023 on the file of Hon'ble Principal Junior Civil Judge-cum-Metropolitan Magistrate, lvledchal-Malkajgiri District, at Malkajgiri. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Eranki Phani Kumar, Advocate for the Petitioner and the Mr. Rudresh Deshpande, Assistant Public Prosecutor on behalf of the Respondent No.'1 and of Mr. B. Kruthik, representing Mr. Swaroop Oorilla, Advocate for the Respondent No.2. The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE E,V. VENUGOPAL CRIMINAL PETITION No.4365 oF 2023 ORDER: The present Criminal petition is filed seeking to quash the proceedings against the petitioner/accused in C.C.No.551 of 2023 dated 03.oq.2023 on the fire of the learned principar Junior Civil Judge cum-Metropolitan Magistrate, Medchal-Malkajgiri District (for short, "the trial Court,,) for the offence under Section 498-4, of Indizrn Penal Code, l86O (for short, ..IpC,).

2. Heard Mr.Dranki phani Kumar, learned counsel for the petitioner, Mr. Rudresh Deshpande, learned Assistant public Prosecutor appearing for respondent No.1_State and Mr.B.Kruthik, learned counsel representing Mr. Swaroop Oorilla, learnecl counsel for respondent No.2.

3. The brief facts of the case are that the marriage between petitioner and respondent No.2 was performed on r8.07.20r9 as per Hindu rites and customs. They were blessed with three (3) children out of their wedlock. Respondent No.2 stated that petitioner and his parents abused her and subjected her to cruelty aqrd herrassment for want of additional dowry; that her mother-in-lau, and father-in-law also subjected her to cruelty and I I I 2 harassment. Basing on the said facts, the present crime is - registered.

4. Learned counsel for the petitioner submits that respondent No.2 had filed multiple complaints against him. Firstly, Crime No.BB of 2019 dated 18.O7.2019 for the offence punishable under Section 498-A of I.P.C read with Sections 3 and 4 of the Dowry Prohibition Act against petitioner and his parents; secondlv, the present Crime No.173 of 2023 dated 22.O2.2023 on the file ol the Station House Officer, Malkajgiri Police Station registered. against the petitioner for the offence under Section 498-,{ of t.P.C. which was numbered as C.C.No.551 of 2023 before the trial Court; thirdly, Crime No.4O0 of 2023 dated 03.05.2023 against petitioner for the olfences punishable under Sections 498-A, 406, 379 of IPC and Sections 66 and 72 ofIT Act.

5. He submits that respondent No.2 had got registered multiple F.l.R.s against the petitioner herein and others. Rel-ving on the decision passed by the Hon'ble Supreme Court in T.T.Antony Vs. State of Kerala and Othersr, he submits that except in exceptional circumstances, second F.I.R. cannot be I '(2001) 6 Supreme Court Cases 181 I -) registered for the sa me offence; r,r,,ith same cause of action and seeks to allow this Cr-iminal Petition

6. Learned Assistant Public Prosecutor and learned counsel for respondent No.2 contend that once investigation is complete, charge sheet has been laid before the Magistrate concerned; that as the offences alleged against the petitioner are continuing, respondent-Police had registered subsequent F.I.Rs. Therefore, he submits that interference of this Court, at this stage, in. not warranted and seeks to dismiss this Criminal Petition. I \

7. Having regard to the submissions of both the learned counsel and rel-1-ing on the decision cited (supral ) and the decisions passecl b-r' the Hon'ble Supreme Court in Kahkashan I I Kausar @ Sonam and Others Vs. State of Bihar and Others2, Dara Lakshmi Narayana and Others Vs. State of Telangana and another3 and Geeta Mehrotra and another Vs. State of Uttar Pradesh and anothera, this Court is of the opinion that general allegations are levelled against the petitioner and no specific and distinct allegations are made out against him. In the absence of any specilic role attributed to the petitioner it would , 2022 l-arsluit (SC) I 4S t 2024 SCC Ont.tne SC .1682 o;zorz; s s.c.R.64t / 4 be unjust if he is forced to go through the tribulations of the trial. Therefore, this Court is inclined to allow the Criminal Petition by -r quashing the proceedings in so far as the petitioner is concerned, in C.C.No.55 I of 2023 dated 03.04.2023 on-ih.e file of the learned Principal Junior Civil Judge-cum-Metropolitan Magistrate, Medchal-Malkajgiri District for the offence under Section 498-A of Indian Penal Code, 1860.

8. Accordingll,, this Criminal Petition is allowed. Miscellaneous Petitions, pending if any, shail stand closed. \ To, SD/. MOHD. ISMAIL PUTY REGISTRAR I //TRUE COPY// SECTION OFFICER (

1. The Principal Junior Civil Judge-cum-Metropolitan Magistrate, Medchal- Malkajgiri District, at Malkajgiri Z. The Stilon House Officer, Malkajgiri Police. Station, Rachakonda District. 3. Two ccs to the Public Prosecutor, High court for the state of Telangana at Hyderabad. [OUT]

4. One CC to Mr. Eranki Phani, Kumar Advocate [OPUC] 5. One CC to Mr. Swaroop Oorilla, Advocate [OPUC] 6. Two CD Copies tf,. \ HIGH COURT DATED:21 10412025 rt{e $ fa 16, ,/. 6e i.: ,.\ :t i/- .| .> 2 2 ilAY 2025 * sl16r ORDER CRLP.No.4365 of 2023 ALLOWING THE CRIMINAL PETITION .\-s"+ Y^tA.