Private Limited v. State of Maharashtra and Othersl, this Court is of the opinion that the Court
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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 the proceedings in PRC No. 48 of 2022 on the file of the Court of the lV Additional Metropolitan Magistrate-cum-lV Additional Junior Civil Judge, Cyberabad at L.B.Nagar. f .A. NO: 1OF 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 extend the d1.0511212024 passed in LA. No.2 o'f 2024 in Crl.P.No.6067 of 2022. >- l.A. NO: 1 OF 2024 Petition under section 482 ot cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to extend rhe dr 12l0z t2022 passed in l.A.No.1 of 2022 in crl.p.No. 6067 of 2022 untllfurther orders. l.A. NO: 2 OF 2024 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 extend the d1.121072022 passed in t.A.No 1 of 2022 in Crl.P.No.6067 of 2022 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 pleased to exrend the dr.12to7t2022 passed in r.A.No 1 ot 2022 in Crl.P.No.6067 ol 2022 until further orders. l.A. NO: 2 OF 2023 Petition under section 482 ol cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to extend the dt.12t0712022 passed in l.A.No..1 ot ZO22 in Crl.P.No.6067 of 2022 until further orders. l.A. NO: 3 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 pleased to extend the interim order dated Crl.P.No. 6067 of 2022 until further orders. 1210712022 passed ,) l.A. NO: 4 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 pleased to extend the interim order in dated 121A712022 passed rn lA No.1 of 2022 in Crl.P.No. 6067 of 2022 uniil further orders. l.A. NO: 5 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 pleased to extend the lnterim order dated.12l0712022 passed in l.A. No. 1 of 2022 in Crl.P. No. 6067 of 2022, unlil further orders. l.A. NO: 1OF ?O22 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 further proceedings in PRC No. 48 o'f 2022 on the file of the Court of the lV Additional Metropolitan Magistrate-cum-lV Additional Junior Civil Judge, Cyberabad at : L. B. Nagar. l.A. NO: 2 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 extend the dt.1210712022 passed in l.A.No.1 o'f 2022 in Crl P No.6067 of 2022 until further orders. l.A. NO: 3 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 extend the d1.121O712022 passed in l.A.No,1 of 2022 in Crl.P.No.6067 of 2022 until further orders. -ry This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argumenG of Sri S. Ram Reddy, Advocate for the petitioner and Sri E.Gan.esh, Asst. Public Prosecutor on behalf of the Respondent No.1 and of sri pVL Bhanu Prakash, Advocate for the Respondent No.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITIO N No.6O6 7 0F 20.22 ORDER: This Criminal perition is petitioners/accused Nos.6 and 7 seeking to quash the proceedings against them in p.R.C.No.4g of 2022 on the hle of the learned IV Additional Metropolitan Magistrate_cum_lV filed by Additional Junior Civil Judge, Cyberabad at LB Nagar.
2. Heard Mr.S.Ram Reddy, learned counsel for the petitioners, Mr.E.Ganesh, learned Assistant public prosecutor appearing for respondent No.l-State and Mr. p.V.L.Bhanu prakash, learned counsel for respondent No.2.
3. The brief facts of the case are that respondent No.2 lodged a complaint against the petitioners and.others stating that her marriage was performed with accused No. 1 on 20.05.2011. At the time of marriage as per their demand, Rs. l2,00,OOO/_ and 15 tulas of gold has been given to accused No. I towards dowry. Accused No.2 is father-in-law, accused No.3 is mother_in_law, accused No.4 is elder brother of accused No.l, accused No.S is wife of accused No.4, accused Nos.6 and 7 are the neighbours of accused No. I iIeT accused Nos.6 and 7 are the husband and 2 Evv,J crlp 6(t67 -2022 wife) and they reside in the hrst floor in the house of accused Nos. 1 to 5,as tenants' In the year 2O14' respondent No'2 gave birth to a girl child' On that accused Nos'.l' to 5 demanded Rs.2,OO,OOO/ - and gold as additional dowry and accordingly' respondent No.2's parents gave the said amount and 5 tulas of gold to accused Nos'l to 5' Since then' accused Nos'1 to 5 started harassing respondent No'2 mentally and physically and were abusing respondent No'2 in hlthy language that she gave birth to girl child When respondent No'2 was pregnant for tl're second time, accused Nos' 1 to 5 made her to move differ'ent places and performed poojas for giving birth to a son' Respondent No.2 gave birth to a girl child for second time' on that accused Nos'l to 5 harassed respondent No'2 for giving Uiiitr to girl child for second time and also demanded additional Rs.S,OO,OOO/- and 5 tulas of gold' otherwise to leave home. Accused Nos' 1 to 5 along with dowry of demanded accusedNos.6andTharassedrespondentNo.2mentallyand physically. Basing on the said facts' Crime No'441 of 2O21 is registered against the accused for the offences punishable under Sections a98(A), 313' 315' 354' 323' 506' 12O(B) rlw 34 of I.P.C. and Sections 3 and 4 of the Dowry prohibition Act' 3 EW,J crlp 6067 2022
4. Learned counsel for the petitioners submitted that as seen from the charge sheet and statements recorded by the investigating officer, there is no pima facie case against the petitioners herein to attract the ingredients of Sections 354.and 5O6 of IPC. It is submitted that petitioners are the tenants in the house of accused No. I artd that they have nothing to do with the family affairs of respondent No.2.
5. Learned counsel for the petitioners further submits that the allegations levelled against the petitioners are vague and a false complaint has been filed against them. Therefore, he states that lodging the present complaint against the petitioners is abuse of process of law and seeks to quash the impugned I proceedings.
6. Opposing the same, learned Assistant Public Prosecutor would submit that unless and until a full-fledged trial is conducted, the truth cannot be elicited. Therefore, he seeks to dismiss the Criminal Petition. I I
7. Having regard to the submissions made by both the learned counsel and relying upon the decision passed the Hon'ble Suprenie Court in M/s.Neeharika Infrastructure f t 4 EVV,J crlp 6067 2022 Private Limited Vs. State of Maharashtra and Othersl, this Court is of the opinion that the Court while quashing the F.I.R., by exercising power under Section 482 of Cr.P.C., has to consider' whether the allegations in the. P.l.R disclose the commission of a cognizable offence or not; the Court is not, required to consider on merits, whether or not, the merits of the allegations make out a cognizable offence and the Court has to permit the investigating agency/ police to investigate the allegations in the F.l.R.
8. In view of the facts and circumstances of the case, this Court is of the opinion that the matter requires full-fledged trial, hence this Court is not inclined to entertain this Criminal Petition at this stage. However, the petitioners are at liberty to avail alternate remedies, as available under law.
9. With the above observation, the Criminal Petition is disposed of Miscellaneous Petitions, pending if any, shall stand closed. + St-V'to l+4 SD/- K, AMMAJI DEPL'TY REGISTRAR \ I SECTION OFFICER //TRUE COPY// To, The lV Additional Metropo.litan Magistrate-cum-lV Additional Junior Civil Judge, CYberabad at L ts Nagar The Station House Officer' Ghatkesar Police Station' Rachakonda' 1 2 L j
3. One CC to Sri. S. Ram Reddy Advocate tOpUCl -. 4. One CC to Sri. PVL Bhanu prakash Advocate tOpUCl 5. Two ccs to Public Prosecutor, High court for the state of rerangana. [oUT]. \ 6. Two CD Copies. YIR I l I I I t- HIGH COURT DATED:30101t2025 ORDER t I Z + c (i 1 , \.) Of ra-j(r' .$ s. \\s 'j CRLP.No.6067 of 2022 itJM + DISPOSING'OF THE CRIMINAL PETITION. ? b