High Court of Hyderabad · 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 Court may be pleased to call for the records pertain to the CC NO. 147 OF 2019 on the file of the Vl Addl. Judicial First Class Magistrate at Warangal, quash the same as abuse of Process of law,; LA. NO: 1 OF 2022 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 stay all the further proceedings in CC NO. .147 OF 2019 on the file of the Vl Addl. Judicial First Class Magistrate at Warangal. ineluding personal appearance; This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G L NARASIMHA RAO ,Advocate for the Petitioner and Sri E.Ganesh, Asst. Public Prosecutor on behalf of the Respondent No. 1 and none appear for the Respondent No.2; The Court made the following ORDER: 6 THE HONOURABLE SRI WSTICE E.V. VENUGOPAL CRIMINAL PETITI ON No.467O oF 2022 ORDER: The present Criminal petition is filed under Section 482 of Cr.P.C. by the petitioner/accused No.1, seeking to quash the proceedings against her C.C.No. 147 of 2Ol9 pending on the frle of VI Additional Judicial First Class Magistrate, Warangal, registered for the offences punishable under Sections 42O, 406 and lO9 of Indian Penal Code.

2. Heard Mr.G.L.Narasimha Rao, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant public Prosecutor appearing for respondent- 1/State. There is no representation on behalf of respondent No.2 despite service of notice.

3. The brief facts of the case are that respondent No.2/de-facto complainant/husband belongs to SC communit5r and the petitioner/accused No. l/wife belongs to BC community and they fell in love with each other and married on 28.O9.1994 and they were blessed with two I I 2 EryJ Crl.P.No.4670 of 2022 daughters. Later, disputes cropped up between them and she lodged many criminal cases against him arld committed theft of movable property from his house and not even attended him when he was hospitalized. Hence, . he preferred a complaint.

4. Basing on the said complaint, a case is registered against A.1 to A5 in Cr.No.4O of 2018 for the offences under Sections 42O, 406, 109 of IPC at KUC Police Station. After completion of investigation, charge sheet is filed aghinst A.1 to A5 and the same is taken on file as C.C.No.l47 of

2019. Aggrieved by the same, the present Criminal Petition.

5. Learned counsel for the petitioner submits that petitioner is wife of respondent No.2 and the other accused are brothers of the petitioner. He further submits that the petitioner is not having any contacts with the other accused as she contacted love marriage against the will and wishes of her parents. He further submits that respondent No.2 harassed the petitioner to withdraw the criminal cases pending against him and not even paid maintenance to his children for their studies and neglected '€ry7 '/ .- 3 EVY,J Crl.P.No.4670 of 2022 them and filed a false SC/ST case against her in FIR No.554 of 2Ol7 on the file of Kancarlapalem Police Station. He further submits that the respondent No.2 died on O5.O8-2O22 ald the petitioner herein and her two daughters fi1ed O.S.No.4599 of 2022 on the file of Special Judicial Magistrate of First Class (Mobile) under PCR Act- cum-ll Additional Junior Civil Judge, Hanamkonda, seeking to declare them as legal heirs of respondent No.2 by hling death certificate of respondent No.2 and other required documents and obtained decree in their favour. As the respondent No.2/de-facto complainant is no more, learned counsel for the petitioner by relying upon the decisions rendered by the Hon'ble Supreme Court in State of Haryana Vs. Bhajan Lalr, Chunduru Siva Ram Krishna and another Vs. Peddi Ravindra Babu and another2, l)evendra and others Vs. State of Utter Pradesh anrl another3 and Geeta Mehrota and another Vs. State of Utter Pradesha dated 17.1O.2O12 wherein it | 1992 1supp.; I s( c 335 2 zooo 1+; scatr oss I u oo213ypglle e r: 4 Criminal Appeal N .,-1674 of 2Ol2 (Arising out of SLP (CrI.)No.10547/201O) l I 4 EVqJ CrLP.No.4670 of 2022 e ( was held that merely making omnibus allegations against the accused, do not constitute any offence under any circumstances. Therefore, seeks to quash the Calendar Case.

6. Learned Assistant Public Prosecutor submitted that unless and until full-fledged tria,l is conducted by examining the rest of the witnesses, this Court cannot come to a pima-facie conclusion that the petitioner is innocent of the alleged offences. The learned counsel, therefore, submit that interference of this Court, at this stage, is unwarranted and seeks to dismiss the Crimina'l Petition. 7 . It is an established proposition that inherent powers of the Court under Section 482 Cr.P.C to quash further proceedings can be invoked with due care, caution and circumspection and only in deserving cases where continuance of such proceedings clearly amounts to abuse of process of law. _5 EryI CrLP.No.4670 of 2022

8. A perusal of record reveals that respondent No.2/de- facto complainant is no more and in these circumstzrnces, this Court is inclined to quash all further proceedings against the petitioner invoking the inherent powers under Section 482 Cr.P.C.

9. In the result, the Criminal Petition is allowed and all further proceedings in C.C.No.147 of 2Ol9 pending on the file of VI Additional Judicial First Class Magistrate, Warangal against the petitioner are hereby quashed.

10. Accordingly, the Criminal Petition is allowed. Miscellaneous Petitions, pending if any, shall stand closed. Sd/- P. CH. NAGABHUSHAMBA SI TANT REGISTRAR //TRUE COPY// SE:CTION OFFICER To, \ '1. The Vl Addl. Judicial First Class Magistrate, Warangal 2. The Station House Officer, KUC P.S., Hanamkonda 3 One CC to SRI G L NARASIMHA RAO Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 5. Two CD Copies Vsm/gh b I HIGH COURT DATED:30101t2025 ORDER CRLP.No.4670 ot 2022 F.'' * ia'1 E S14 re: o ?/ ilAn m a t o ti;i,nrti I ALLOWING THE CRIMINAL PETITION @q;B%,