The High Court · 2025

The State of Telangana, Rep. by the Public Prosecutor High Court at Hyderabad. Kathroji Lavanya, Wo Rajendra Parsad Age.27 years, Occ. software Engineer R/o Budhawarpet, Nirmal, Nirma.l Diskict. 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 quash the proceedings in CC.No.43O|2O24 on th; file of the Addl.Judicial First Class Magistrate at Nirmal, Nirmal District ... Res po ndents/C o m p la ina nt l.A. NO: 1OF 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 stay all further proceedings including appearance of the petitioners in CC.No.43012024 on the file of the Addl.Judicial First (lass Magistrate at Nirmal, Nirmal District during the pendency of Criminal Petiti: r. This Petition coming on for hearing, upon perusing t re Memorandum of Grounds of Criminal Petition and upon hearing the argunrr nts of Sri P Animi Reddy, Advocate for the Petitioner and the Sri Jitend: Rao Veeramalla, Additional Public Prosecutor on behalf of the Responden I No.'1 and of None appeared for the Respondent No. 2. The Court made the following: ORDER 7 THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11055 ot 2025 ORDER:- 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos.2 to 5 in C.C.No.430 of 2024, on the file of the learned Additional Judicial Magistrate of First Class at Nirmal, Nirmal District, registered for the offences punishable under Sections 498-4 of IPC and Sections 3 & 4 of Dowry Prohibition Act.

2. Heard Srl P Animi Reddy, learned counsel for the petitioners/accused Nos. 2 to 5 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1 -State.

3. Learned counsel for the petitioners submitted that the petitioners are facing false allegations in the hands of the defacto complainant and that they never resided with the defacto complainant and they are residents of Nizamabad and the case was filed at Nizamabad. He further submitted that the respondent No.2 is a Software Engineer and is residing separately, but has filed this false complaint. He further submitted that respondent No.2 herein 2 ETD J Cl PNo.11O55 2A25 has already filed a divorce case against accused Nc ' I and has also filed the present case involving all the petitioners' wtrr are the family members of accused No.1 but are no way con(x alleged offences. He therefore prayed to quash li rned with the e proceedings against them.

4. The learned Additional Public Prosecutor su r statements of the panchayat elders' LWs 4 & 5 el nitted that the ;o support the version of the defacto complainant and that they re/ >al the alleged acts of the petitioners herein. Hence prayed to dismis ; the petition.

5. Perused the record. The statements of the pa rchayat elders form part of the record. The allegations in the comp aint also point out the alleged offences against the petitioners. Th: veracity of the witnesses and the truth in the allegations are subjeti matter of trial. The learned petitioner counsel further relied upon thrr decision of the Apex Court in Dara Lakshmi Narayana v. State of i 'elanganal . ln a Dara Lakshmi Narayana's case (supra), the respcr Cent No.2/wife used to leave the matrimonial home uninformed att lon one such occasion when she left the matrimonial house, the l't sband made a police complaint and when the police found her wlt rreabouts, she was allegedly living with someone and that after btr rg counselled, '(2025) I scc ?35 3 ETD,J Cn PNa 11055 2025 she returned to her matrimonial home. lt was further submitted that the wife addressed a letter to the Deputy Superintendent of police, Thirupathur Sub-Division requesting to close the complaint made by appellant No.'1 wherein she admitted that she had left her matrimonial house after quarrelling with appellant No.1 because of one Govindan, with whom she was talking over the phone for the past ten days continuously and that she would not repeat such acts in future. lt was further submitted that respondent No 2 again left the matrimonial house leaving appellant No.1 and children behind. Then the husband having no other option has issued a legal notice seeking divorce by mutual consent. Thus, as a counter blast the present FIR was filed by respondent No.2/wife. Further, in the said case, there were no specific allegations against the appellants and the respondent No.2 left her matrimonial home on her own. ln that I I backdrop, the Apex Court has held that when there are no specific allegations against the appellants the proceedings need to be quashed. Thus, the appeal was allowed and the impugned order of the High Court was set aside and as a result, the proceedings before the trial Court were quashed. Thus the facts of the present case differ from the above cited decision and hence is not applicable. -*r \ 4 ETD J CrlPNo 11055 2425 - ln view of the circumstances discussed abov :, the Criminal

6. Petition is disposed of dispensing with the p 1 sence of the petitioners/accused Nos.2 to 5 before the Trial Cort t provided that the petitioners are represented through an Advocate ( n every date of hearing and that they shall be present before 1 re Trial Court whenever they are specifically required during the cr,t rse of trial. 7 . Miscellaneous petitions pending, if any, shall st rnd closed. SD/.).PONNA KRISHNA ASI; STANT REGISTRAR 6 //TRUE COPY// SECTION OFFICER To, 1 . The Additional Judicial First Class Magistrate at Nirmal. iirmal District. 2. The Station House Officer, Nirmal - Town Police Statior, Nirmal District. 3. Two CCs to the Public Prosecutor, State of Telangana, I igh Court Buildings, at Hyderabad (OUT)

4. One CC to Sri P Animi Reddy, Advocate IOPUCI 5. Two CD Copies DL/PSL HIGH COURT DATED:11/09/2025 I ORDER CRLP.No.11055 ot 2025 .,: ) I ;-t, ,ffi l.itg_g'1_ CRIMINAL PETITION IS DISPOSED OF \ 2