The High Court · 2025

Bolla Vishal Anand, S/o. Bolla Vijay Anand, Aged about 31 years, Occ. Private Employee Cunently residing at California, USA Rept. By his GPA holder Smt. Yadamma Bolla, D/o. Late B. Chennaiah Aged about 68 years, Occ. retired GHMC Employee R/o. H.No. 181-2031521541A, Krishna Reddy Nagar, Uppu Guda, Hyderabad. T.S. [as per Court order dated 22.02.2024 in l.A No.2/2023] ...Petitioner / Accused No.1 AND

1. The State of Telangana,, rep., by its Public Prosecutor, High Cou(, Hyderabad.

2. Smt P.R. Anusha @Komal,, W/o. Bolla Vishal Anand Aged about 28 years, Occ. Household R/o. H.No. 1-23-268, Road No. 14, Telecom Colony, Kanajiguda, Alwal, Medchal District. ...Respondent / De-facto Complainant 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 FIR No. 79 of 2019 of PS Alwal dated 23.O2.2019, pending on the file of the Court of Hon'ble XXlll Metropolitan Magistrate at Medchal, Cyberabad, Medchal-Malkajgiri District in terms of Memorandum of Understanding dated 10.08.2022, 'followed by order dated .l 1.10.2022 made in O.P No. 167 of 2019 on the file of the Principal Family Court at Secunderabad, later followed in C.0 No. 1491 of 2020 on the file of Hon'ble lll Additional Junior Civil Judge Cum X Additional Metropolitan Magistrate at Medchal, Mechal- Malkajgiri District in the interest of justice. a t.A. NO: 1 0F 2023 Petition under Section 4g2 ot Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to grant stay of filing of charge sheet in crime No.79 of 2019 of ps Alwal in light of Memorandum of Understanding dated 10.og.zo22, followed by order dated 11.10.2022 made in o.p No. 167 of 2o1g on the fire of the principar Family court at secunderabad, rater foilowed in c.c No. 149.r o,f 2020on the fire of Hon'ble llr Additionar Junior civir Judge cum X Additionar Metroporitan Magistrate at Medchat, rvrechar-Markajgiri District in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri Mirza Nisar Ahmed Baig, Advocate for the petitioner and the Additionar pubric prosecutor (TG/AP) on behalf of the Respondent No.I . The Court made the following Order:- I HON'BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.64O7 of 2023 ORDER: Heard learned counsel appearing for the petitioner, learned Additional Public Prosecutor and Sri Baglesh Akash Kumar, Amicus Curiae appearing for respondent No.2. Perused the record.

2. This petition is filed under Section 482 of Cr.P.C., to quash the proceedings in Crime No.79 of 2O19 pending on the {ile of Alwal Police Station, for the offences punishable under Section 498-A r/w.34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

3. Perusal of the record would reveal that petitioner is husband of respondent No.2. Their marriage was performed on 12.05.20 18. Thereafter disputes arose between them. Respondent No.2 has lodged a complaint against the petitioner herein with Police, Alwal Police Station, who in turn registered a case in Crirne No.79 of KL,J Crl.P.No.64O7 of 2023 2 2olg against the petitioner I A1 for the offences punishable under Section 498-A r/w'34 of IPC and Sections 3 and 4 of Dowry Prohibition Act'

4. During the pendency of investigation in the said Crime, both petitioner / A-1 and respondent No'2 have settled their disputes and entered' into Memorandum of Understanding, dated LO.O8'2O22 on the specific terms and conditions agreed therein' Both of them agreed to obtaindecreeofdivorcewithmutualconsent.Petitioner agreed to pay an amount of Rs'3,0O,000/- towards permanent alimony to respondent No'2' Respondent No'2 agreed to withdraw the petition filed by her under Section 125 of Cr.P.C. vide M.C.No.99 of 2O2l and also take steps to close the subject crime' They will seek decree of divorce with mutual consent by filing an appropriate application in the FamilY Court' 5 Perusal of the record would a-lso reveal that they have filcd an application under Section I3-B of Hindu KL,J Crl.P.No.64O7 of 2023 -) Marriage Act seeking dissolution of marriage with mutual consent in O.p.No. 162 of 2019. They appeared before the Judge, Principa,l Family.. Court, City Civil Court, Secunderabad and got examined themselves as pWs.1 and 2 and got marked Exs.p_l to p_2. Ex.p_4 is the Memoraadum of Understanding, dated lO.Og.2022. Learned Family Court considered the evidence of respondent No.2 - wife that she has received an amount of Rs.3,00,000/- towards pernanent alimony. On consideration of said aspects, vide order dated 11.IO.2O22, learned Judge, principal Family Court, City Civil Court, Secunderabad, dissolved the marriage of petitioner and respondent No.2, performed on 12.Os.2018.

6. Despite service of notice there is no representation on behalf of respondent No.2. In view of the aforesaid facts, more particularly Memorandum of Understanding dated 1O.O8.2O22 and order dated L1.1O.2O22 in O.P.No. 167 of 2Ol9 passed by the learned Judge, I I I I KL,J Cri.P.No.64O7 of 2023 .+ Principal Family Court, City Civil Court, Secunderabad, this Court is of the considered view that continuation of proceedings against the petitioner herein I A-l in Crime No.79 of 2019 pending on the Iile of Alwal Police Station is abuse o[ process of law and the same are liable to be quashed

7. Therefore, this Criminal Petition is allowed and proceedings in Crime No.79 of 20 19 pending on the lile of Alwal Police Station against the petitioner herein / A- 1 alone are quashed. Miscellaneous petitions, if any, pending ln this Criminal Petition, shall stand closed. Sd/. P. PADMANABHA REDDY ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER I i j To,

1. The lll Additional Junior Civil Judge cum X Additional Metropolitan Magistrate at Medchal-Malkijgiri.

2. The XXlll Metropolitan Magistrate at Medchal, Cyberabad. 3. The Station House Officer, Alwal P.S., Cyberabad. 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. One CC to Sri Mirza Nisar Ahmed Baig, Advocate IOPUC] 6. Two CD Copies VC/gh p d, 1 :-i t L) 0 6 rEB 20ffi z i * HIGH COURT DATED:0310112025 ORDER CRLP.No.6407 ot 2023 l ALLOWING THE CRLP Cq)"fi4-\tx