The High Court · 2025

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courl may be pleased to quash the C.C No.247 of 2022 pending on the file of Hon'ble Judicial First Class Magistrate AT. Khanapur. l.A. NO: 1 OF 2023 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 ; ---l +::;ryn'/ pleased to stay of all further proceedings in C.C No file of Hon'ble Judicial First Class Magistrate AT. iustice pending disposal of the main criminal petition 247 of 2022 pending on the Khanapur in the interest of This Petition coming on for hearing, upon perusing the fVlemorandum of Grounds of criminal Petition and upon hearing the irguments of Sri D_ Ramakrishna, Advocate for the petitioners and the Assistant Fublic prosecutor on behalf of the Respondent No.'1 and none appeared for the respondent No.2. The Court made the following: ORDER C. I THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.4388 oF 20.23 ORDER: The present Criminal Petition is filed seeking to quash the proceedings against the petitioners/ accused Nos.3 to 5, 7 to 1O in C.C.No.247 of 2022 on the file of the learned Judicial Magistrate of First Class, at Khanapur for the offences punishable under Sections 498-A r/w 34 of I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act

2. Heard Mr.D.Rama Krishna, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State. Perused the record.

3. The brief facts of the case are that the marriage between respondent No.2 and one Sayyad Hussain was performed on

28.04.2019; that at the time of marriage, parents of respondent No.2 presented an amount of Rs.1,50,000/-, 8% Thulas of Gold, one motor Cycle and other house hold articles towards dowry to her husband. The couple were blessed with twins during their wedlock. On 2O.O8.2O22 respondent No.2, frled a complaint against her husband and the petitioners herein stating that her husband and relatives of husband subjected her to cruelty and \ i 2 harassment for want of additional dowry of Rs.5,00,000/-. She further stated that she has put forth her grievance before the villagers elders and waited for some time to see that her husband would change his attitude and take herself and her children to the matrimonial home, due to which, delay had occurred in filing the present complaint

4. Learned counsel for the petitioners submitted that petitioner Nos.1, 3, 4 are sister-in-1aw's of respondent No.2; that petitioner Nos.2 and 5 are the brother-in-laws of accused No.l; that petitioner No.6 is the elder brother of accused No.l ald petitioner No.7 is the wife of petitioner No.6. Relying on the decisions passed by the Hon'ble Supreme Court in Kahkashan Kausar @ Sonam and Others Vs. State of Bihar and Othersr, K.Subba Rao Vs. The State of Telangana2 and Kailashben Mahendrabhai Patel & Ors. Vs. State of Maharashtra & another3, he submits that relatives of the husband should not be roped in on the basis of omnibus allegations unless specihc instances of their involvement in the crime are made out. Stating thus, he seeks to allow the Criminal Petition l 2022 Law Suit (SC) 149 , (2O18) 14 SCC 452 I criminal Appe at No.4OO3l2024 Arising Out of SLp (CRLI No.4044of 2018 -i*Ei_4l!.-!7 ::W,/ *,. ,/ 3

5. Learned Assistant Public Prosecutor contends that the matter requires full-fledged trial and seeks to dismiss the Criminal Petition.

6. Having regard to the submissions of . both the learned counsel and relying on the decisions cited (supra I to 3) and the decisions passed by the Hon'ble Supreme Court in Dara Lakshmi Narayana and Others Vs. State of Telangana and anothera and Geeta Mehrotra and another Vs. State of Uttar Pradesh and anothers, this Court is of the opinion that general allegations are lev,el,ed agalst the petitioners herein and specihc and distinct 1Lo allegations are made out against them. In the absence of any specific role attributed to petitioners herein it would be unjust if they are lorced to go through the tribulations of the trial. Therefore, this Court is inclined to aliow the Cr$ninal Petition by quashing the proceedings in so far as petitioners/ accused Nos.3 to 5, 7 to 10 are concerned in C.C.No.247 of 2022 on the file of the learned Judicial Magistrate of First Class, at Khalapur.

7. Accordingly, the Crimina-l Petition is allowed. 4 2024 SCC On Line SC 3682 5 [2012] 9 S.C.R. 64r -;t t I i To, 1 2 3 4 ( Plp/ghw 4 Miscellaneous Petitions, pending if any, shall stand closed. o //TRUE COPYII SD/. MOHD. ISMAIL PUTY REGISTRAR TION OFFICER The Judicial Magistrate of First Class at Khanaour rhe station Houie officer d;r6i o;i#i;#, Nirmar District. Two CCs to the public pros at Hyderabad[oUTl ecutor' state of relangana, High court auitoings One CC to Sri D R-amakrist^ tna' Advocate toPUCl Two cD copies I I .a 1 HIGH COURT DATED:1110412025 k iJ ORDER CRLP.No.4388 ot 2023 ALLOWING THE CRL.P. a ."{4 Yt- - .d6F =\ 'trE Sr4r 1 c 3 0 APn 2$25 i 7 {- * -.D€s p,n.; cv'(