The High Court · 2025

Petition under Section 528 of BNSS praying that iri the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Proceedings vide C.C.No.546 OF 2021on the file of the Additional Judicial First Class Magistrate at Siricilla, for the alleged offences U/Sec.498-4, 323, rlw 34lPC, Sec.4 DP Act, 1961 l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further Proceedings in C.C.No.546 OF 2021on the file of the Additional Judicial First Class Magistrate at Siricilla including the appearance of the petitioners pending disposal of the main petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Dinesh Reddy, learned counsel representing Sri RAPOLU BHASKAR, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and of Sri SANJEEV REDDY GILLELA for the Respondent No.2 The Court made the following: ORDER -) i 1 .4 THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL No.777 1 0F 20.25 ORDER: This c'iminal petition is liled by accused Nos.l and, 2, seeking to quash the proceedings in c.c.N o.s46 of 2021 on the f,rle of the learned Additional Judicial First class Magistrate, Siricilla, for the offences punishable under Sections 498-A, 323, rlw 34 of lpc and Section zl of Dowry Prohibition Act, 1961

2. Heard Mr. Dinesh Reddy, learned counsel representing Mr. Rapolu Bhaskar, learned counsel for the petitioners on record and learriccl Assistant public prosecutor :rppearing for respondent No. 1 -State.

3. The brief flacts of the case are that on o6.L2.2020 at 10.3o hours, the de-facfo complainant has lodged a complaint against the accused Nos.l and 2 stating that she is the resident of Gollapall-y village and her marriage was perforr.ned on 23.o5.2019 with accused No.l at Kothapalle village, Bheemadevarapally Mandal, warangal District in the presence of elders and relatives as per the Hindu caste and customs. At the time of her marriage, her mother has given Rs.3,oo,000/- cash ancl 14 tulas of gold and other household articles. After I 2 the marriage, they lived happily. Later, her mother-in-law, 'w{to is accused No.2, her sister-in-law and her husband-accused No.1 started harassing her mentally and physically demanding to bring additional dowry. In this regard, panchayath was conducted in the presence of elders, but accused No.1 abused the elders in the said panchayath. Since, they did not give gold to her sister-in-law, they demanded to bring additional dowry of Rs.2,OO,0OOl- and on 05.05.2020 at 1O.OO am, they quarrelled with her demanding to bring adclitional dowry, abused and beat her, on that she came to the house of her parents and staying at Gollapally village . Basing on the said facts, crime No.306 of 2O2O is registered against the petitioners-accused Nos.1 and 2 for the offences punishable under sections 498-A,323, rlw 34 of IPC and Section 4 of the Dowry Prohibition Act, I96L. After completion of investigation charge sheet has been filed before the learned Additional Judicial First Class Magistrate, at Siricilla, against the petitioners-accused Nos.l and2' Learned counsel for the petitioner would submit that

4. petitioners never committed any offences as alleged by the respondent No.2/ d"e-facto complainant, even though, she lodged false complaint with false allegations, hence, it is not maintainable in the eyes of law and the same may be quashed. He would further submit that respondent No.2lde-facto - 3 complainant demanded divorce and also she demancled money, the same was dcnied by the accused No. 1, due to which, she developed grudge against the accused No.I and filed false complaint. Hence, he seeks indulgence of this court to quash the proceedings ilgainst the petitioners/accused Nos. I and 2.

5. on the: other hand, learned Assistant public prosecutor would subrrrit that as many as 09 witnesses have been examined and lheir statem'ents have been recor-ded under section 161 of cr.P.c and charge sheet has been lzri<l before the learned trial court. The truth in this case can be elicited after conducting thorough investigation; therefore, interference of this court at this stage is unwarranted and seeks to clismiss this criminal petition.

6. Having heard learned counsel for the petitioners and learned Assistant Public Prosecutor, this court vvithout making any observations on merits and demerits of the case is inclined to dispose of this criminal petition by directing the petitioners to raise the contentions in this criminal petition by liling necessary application before the learned trial court for clischarge if permitted under law. Upon filing the same, the learned trial court is directed to consider the apprication and pass appropriate orders within a period of three months there on. \ \ o 4 However, as sought by the learned counsel for the petitioners, the appearance of the petitioners-accused Nos.l and 2 is dispensed with in CC.No.546 of 2021 on the file of the learned Additional Judicial First Class Magistrate, Siricilta, when represented by their counsel on record. The appearance of the petitioners-accused Nos.1 and 2 is dispensed with subject to filing an affidavit by the petitioners stating that in their absence, the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute his identity also. However, the petitioners shall appear before the learned Additional Judicial First Class Magistrate, Siricilla as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing with their appearance shall stand cancelled. 7 Accordingly, this Criminal Petition is disposed of' Miscellaneous Petitions, pending if &flY, shall stand closed SD/. //TRUE COPY/' OFFICER To, I I

1. The Additional Judicial First class Magistrate at siricilla' Rajanna siricilla 2 The station House officer, Ellanthakunta Police station' Ellanthakunta' District Rajanna Sircilla District

3. One CC to SRI RAPOLU BHASKAR Advocate [OPUC]

4. One CC to SRI SANJEEV REDDY GILLELA Advocate IOPUC] 5. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT] 6. Two CD Copies VM/PSL\+ HIGH COURT DATED: 1810912025 \ \ f .f ORDER CRLP.No.7771 ot 2025 EOF \Ns;; + l- :1 a , ,'l \o' !lt # Dr.: DISPOSING THE CRIMINAL PETITION tr6"a tr--