The High Court · 2025

Petition under section 482 of cr.p .c prayrng that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings in c.cNo.3468 of 2o2o under section 49g (A), 323,506 IPC & sec 3 & 4 of D.P act on the fire of the court of v Additionar Metropolitan Magistrate-cum-J unior Civil Judge, at L.B.Nagar. l.A. NO: 1 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the ltlemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including appearance of the Petitioners/Accused No.'l to 4 in CC No. 3468 of 2020 in V Add.MM Court at L.B.Nagar, Rangareddy Distrrct. This Petition comrng on for hearing, upon perusing the Memorandum of Grounds oJ Criminai Petition and upon hearing the arguments of Sri JAHNAVI RANI JUJJUVARAPU, Advocate for the Petitioner ancl Sri E.Ganesh, the Assistant Public Prosecutor (TG) on behalf of the Respondent No. 1 and None appeared for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.5837 of 2O2L ORDER: The present criminal petition is filed under Section 482 of Cr. P.C, seeking to quash the proceedings against the petitioners/ accused Nos.1 to 4 in C.C.No.3468 ol 2O2O, on the file of the learned V Additional Metropolitan Magistrate- cum Junior Civil Judge at L.B.Nagar ([or sholt, 'the trial Court'). The offences alleged against the petitioner are under Section 498 (A), 323, 506 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

2. The brief facts of the case are that on 16.03.2020, the complainant lodged a complaint in the Women Police Station, Saroornagar, Rachakonda Commissionerate stating that her marriage was performed with Mr. B.Abhimanudu/ accused No.1 on 08.03.2018. At the time of marriage, the parents of the complainant presented Rs. 1,50,00O1-,6.5 Tulas of gold and other household articles. Immediatel,v after the marriage, the complainant joined the compan)' of accused No.1 and lead happy marital life for some days. Thereafter, accused No.1 on the instigation of accused Nos.2 arrd 3/ :- ') parents of accused No.1 and accused No.4/r'ounger brother of accusecl No.1 started harassing the cornplainant both mentally ar-rcl physically for want of adclitLonal 6o1a'ry o[ Rs.10,00,000/-. Pregnancy of the cornplainant \vas confirmed on I 7.05.2018. [n spite of that accused No l tortured her during night time saying th:tt l-re is not rcsponsible for her pregnancy. He dict rroL allou' thc complainant to speak u'ith anybody. When she \\'as 4rh month pregnant, accused No.3 gave milk containing sedativc pills and rr-rl-,bed some medicine on her privalc parts. Since tl-ren, she had boils etc. When she informed the same, the-v did not bothe r. Accused No.1 demanded t,r give divorce, u'hen she did not put her signature on the r,r'hite papcrs, accused No.l beat her crueily. When she tvrls 7th mor-rth pregnant, thel told her to leave as they don't l irnt her, since then, she is at her parent's house. Tht' col-nplainant delivered a baby girl on 15.02.2019. Except on the date of deliven,, norle came to see her and her daughter later. After six months, the accused persons came to the complainant's parental housc, abused her and beat her' (Jn that, the -) complainant filed DVC case. Accused No. t has neglected and refused to maintain the complainant. As the complainant is a household lady, has no means to maintain herself and her child are living at the mercy of her parents

3. Basing on the said complaint, LW.6 lnspector of Police, Saroornagar has registered a case in Crime No. 121 ol 2020 under Sections 498(A), 323, 506 IPC and Sections 3 and 4 of D.P. Act and took up the investigation.

4. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for the respondent No.1 - State and perused the record

5. Learned counsel appearing for the petitioners ivould submit that the petitioners showed all love and affection towards respondent No.2 and they neither harassed her nor demanded her for additional dowry. The petitioners never committed any offence. The allegations levelled against the petitioners are false and baseless. Respondent No.2 lelt the company of petitioner No.1 on her o,r.r'n accord in September 20 18 but, she lodged the complaint after a lapse ol 18 .--i .+ months i.e , on 16.O3.2O2O. The police also 'r'ithout making proper investrgation have registered a case in Crime No. 12 1 of '2O2O against the petitioners. Hence seeks indulgence of thi s Court.

6. Learned Assistant Public Prosecutor trppearing for respondent No. I - State would submit that thc investigating officer have rightly and appropriately investigated the matter and filed ttre charge sheet and in any case, the tr-uth could be elicited oril,r' uporr conducting thorough trial by examining the u,itnesses and interference of this Court rrt this stage is unwarranted. Hence seeks to dismiss the present criminal petition.

7. Accor<linglv, this Criminal Petition is disposed of, leaving it o;ren to the learned trial Court to clecide the case on its oq,n merits. How.ever, as requested t-,.v the learned counsel for the petitioners, the petitioners arc at liberty to lile an application for discharge before the learned trial Court, in accordancc r'r,ith larv, raising the satrte contentions as raised hercin. The appearance of the petitioners is 5 dispensed u,ith, subject to filing an affidavit stating that thev will not dispute the proceedings conducted by their counsel in their absence. However, the petitioners shall appear before the learned Magistrate whenever their presence is specihcally required. In the event of the petitioners fail to appear as and u,hen directed by the Court, this order dispensing with their appearance shall stand vacated automatically As a sequel, miscellaneous petitions, if any, pending, shall stand closed SD/- V.KAVITHA DEPUW REGISTRAR //TRUE COPY// SECTION OFFICER j To, Commissionerate.

1. The V Additional Metropolitan Magistrate, Cyberabad at L B Nagar' Z. fne Station House Offiber, Sarorn-agar Women Police Station, Rachakonda 3 o;; CC to snt JAHNAVI RANI JUJJUVARAPU, Advocate [oPUC] ;. iil CCsio the Public Prosecutor, High Court of Telangana at Hyderabad 5. Two CD Copies. louTl SM/PSL HIGH COURT DATED: 3110712025 ORDER CRLP.No.5837 of 2021 n1 E s rA 16 /; o /r\ ,) r ') 'i,, t 0 4 t'lo\l ztE s rJA r cH q-O I ( i *tt DISPOSING OF THE CRIM!NAL PETITION 1