✦ High Court of India · 04 Aug 2025

The High Court · 2025

Case Details High Court of India · 04 Aug 2025
Court
High Court of India
Decided
04 Aug 2025
Length
1,241 words

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 including appearance of the petitioners in C.C.No.2138 of 2021 on the file of lll Metropolitan Magistrate at L.B.Nagar, Cyberabad, pending disposal of the above criminal petition and pass I.A. NO: 2 OF 2021 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 permit the petitioner to arnend the Calender Case Number as C'C. No.2138 of 2021 instead of C.C. No.2133 of 202tin thb Cause Title, Para No.1 at Line No.1 after the words "accused No.4 to 6 in" and before the words "on the file of lll Metropolitan", in the prayer at line No.2 ie., after the words "quash the proceedings in" and before the words "on the file of lll Metropolitan" and in the interim prayer at line No.3 i.e., after the words "petitioners in" and before the words "on the file of lll Metropolitan" and for all consequential amendments and This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V.Yadu Krishna Sainath, Advocate for the Petitioners and Sri E. Ganesh, Asst Public Prosecutor (TG) on behalf of the Respondent No. 1 and Sri Potakani Satyanand, learned counsel for the Respondent No. 2. The Court made the following: ORDER THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PEIITION No.8722 of 2021 ORDER: The present criminal petition is liled by the petitionerslA4 to A6 under Section 482 of Cr.P.C., seeking to quash the proceedings in CC No.2138 of 2021 on the lile of the learned III Metropolitan Magistrate at LB Nagar.

2. Heard Sri V.Yadu Krishna Sainath, learned counsel for the petitioners, Sri E.Ganesh, learned Assistant Public Prosecutor for the respondent No.1/State and Potakani Satyanand, learned counsel for the respondent No.2.

3. As per orders dated 15.12-2021 in IA No.2 of 2O2L, the prayer portion of the petition was modified by inserting CC No.2138 of 2O2l in the place of CC No.2133 of 2021.

4. The brief facts of the case are that the parents of the 2'd respondent paid a dowry of Rs.S,OO,OOO in cash, 15 tulas of gold for the 2'd respondent and 3.5 tulas of gold for her husband (A1), in exchange for her marriage to accused No. 1. This alliance, however, was formed by concealing the ill-health of the accused No.l and the fact that multiple criminal cases were pending against him. After the \ \ marriage, accused No. 1 began harassing the 2"d respondent both physically ..rt*rrr..rtally with the help of other accused, demanding a\ t,....."..-.-.-...... additional dowry. Although the 2"d respondent and her family agreed to arrange an additional amount of Rs.1O,OO,00O /- l'rorn her father's retirement bene{its, the harassment persisted. As er result, the 2"d respondent relocated to her parental home and lodged a complaint. Consequently, FIR No.7I of 2021 was registered at PS, Medipally against the accused, alleging offences under Sections 498-A,323, and 5O6 of the IPC, as well as Sections 3 and 4 of the t)owry Prohibition Act. Following investigation, a charge-sheet was submitted and accepted by the trial Court, initiating formal criminal proceedings.

5. The petitioners, who are the relatives of the accused No. 1, have filed this criminal petition to quash the impup;ned proceedings, arguing that the FIR, charge-sheet, and witness statements fail to disclose any overt acts attributed to them. They contend that they were included merely to exert pressure on the primary accused's family and to resolve disputes unrelated to any wrongdoing on their part. The petitioners emphasize that they live separately from the couple and have no involvement in their daily affairs or conflicts. They also point out that civil suits and a divorce pelition are already pending between the spouses, and that the allegations levelled against them are vague and omnibus in nature, making them insufficient to warrant criminal proceedings. --'r' \ \ a.*. Page 3 of4

6. The learned counsel for tJ:e petitioners submitted that roaming around the criminal Courts is causing physicat and mental agony to the petitioners and hence, their appearance before the tria.l Court, in connection with CC No.2138 of 2021, may be dispensed with. \ \

7. Learned Assistant Public Prosecutor and the learned \ \ counsel for the respondent No.2 have opposed the present criminal petition and also the request of the learned counsel for the petitioners to dispense with their presence before the trial Court.

8. Having regard to the submissions made by the respective learned counsel, this Court, without making any observations on the merits and demerits of the case, is inclined to dispense with the presence of the petitioners before the trial Court. Accordingly, the appearance of the petitioners/A4 to A6 in connection with CC No.2138 of 2021 before the Court of the learned tll Metropolitan Magistrate at LB Nagar is hereby dispensed with unless and until the same is required by the said Court. When the presence of the petitioners is required before the trial Court, they have to appear either in person or through their respective learned counsel and to file an affidavit to this effect before the trial Court. Any deviation in this regard leads to cancellation of the relief granted herein with regard to dispensation of the appearance of the petitioners before the trial Court' "// Page 4 of4

9. With the above observations, the present criminal petition is disposed of. Interlocutory applications, if any pending, shall stand closed. To, //TRUE COPY// SD/. U.SUDHA REGISTRAR / OFFICER t \ t 1 Il''" t_11 lr/letropotitanl/lagistrate at L.B.Nagar, Cyberabad, 2. The station House offic6r, Medipally polic"e station-,Rachakonda. '- -- 3. one cc to sriV. yadu Krishna sainath, ndvociie ibcu,ct 4- Two ccs to the pubric prosecutor, High court of riiJng,#a at Hyderabad 5. Two CD Copies BJLB/PSL w HIGH COURT DATED:04/081202s I Eil Irq C7 iJ )) frI 4 il0l/ A f' W () -* Ita Tctttio * ORDER CRLP.No.8722 of 2021 CRIMINAL PETITION IS DISPOSED OF ! Jj t iI I I I I I I I I i t I Ii I t I I ! t I I a : L i I t €csffn ffi*

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments