Having regard to the submissions of both the iearned vs State of Bihar and Othersr, Dara Lakshmi Narayana and

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVONDAY,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENry FIVE PRESENT THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION N O: 10317 0F.2023 Between: Hyderabad, presently residing at Atlanta '

1. Abdul Khader, S/o. Abdul Bari' Aqe '42 Yrs, Occ' Software Engineer'R/o ' ij.r.r".rb-a-iso, ptot tto so+, 'B -Btock, skill Estate, Humayun Nagar' 2 Abdul Bari, S/o. Late Abdul Khaleel, Aged about 71 Yrs' Occ Retd' 3. Smt. Zainab Begum, Wo. Abdul Bari, Aged about 67 Yrs' Occ Retd' Government Servant Government Servant All are R/o. H.No.10-3-290, Plot No 504, B Block' Skill Estate' Humayun Nagar, Hyderabad, presently residing at Atlanta' ...PETITIONER/ACCUSED Nos l to 3 AND I 2 Smt. Mohseen Begum, Ex.Wo Abdul Khader, Age 38 Yrs' Occ Software. E il i ; ;; ; : ffi FL r'i" e -\ - siti z1 z, ro I i ch owk i, n rd"'83_1, "*.%T$"ii;:t"i " The State of Telangana, Through its Public Prosecutor' High Court of Telangana at HYderabad ..RESPONDENT No- 2 /COMPLAINANT Petttion under Section 482 of Cr 'P C praying that in the circumstances stated in the l/lemorandum of Grounds of criminal Petition, the High court may- be No 1 to 3 in ;i;;;J to quash the Proceedings against, the .Petitioners/Accused b.C.tto. '10819 of 2019 on the f]le oi Hon'ble Xlll Additional Chief lt/letropolitan t\/agistrate at Hyderabad' in the interest of Justice. l.A. NO: 2 OF 2023 Petition under Section 482 of U 'P C praying that in the circumstances stated in the tvlemorandum of Grounds of Criminal Petition,the High Court may be pieased to stay all further proceedings in-cluding appearance of tfe Fetitioners/Accused No. 1 to 3 in C.C No 10819 of 2019 on the file of Hon'ble Xlll Addl. Chief tvletropolitan [/lagistrate at Hyderabad in the interest of Justice. This Pelirirn comino on fnr h^^,-^ Grounds of cr m . a'et t isn ::.Tli::: JT: fiH:]:J i J:il:llilLl RAJU .Advocate for t re petitioner and Sri E. GANESH, r\sst I)r, blic prosecutor behalf of the Responlent No.2 and none appeared for the Resp,tnrjent No. 1 The Court made the f,:llowing ORDER: w' THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.1O317 OF 20.23 ORDER: The present Criminal Petition is filed seeking to quash the proceedings against petitioners/ accused Nos. 1 to 3 in C.C.No.1O819 of 2Ol9 on the file of the learned XIII Additional Chief Metropolital Magistrate, at Hyderabad (for short, ,.the trial Court") for the offences punishable under Sections 498-A, 506 of I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act.

2. Heard Mr.K.Giridhar Raju, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant public prosecutor appearing for respondent No.2-State.

3. The brief facts of the case are that the marriage between petitioner No.1 and respondent No.1 was performed on

19.OI.2,016 as per Muslim rites and customs; that petitioner No.1 is working as Soft ware Engineer at U.S.A.; petitioner Nos.2 and 3 are father and mother of petitioner No.1; respondent No.1 alleged that after marriage, petitioners harassed her mentally and \ pfrysically for want of additional dowry; respondent No.1 stated that petitioner No.1 had married 2n665s. woman before their marriage. But the said marriage was not consummated due to , 2 health problerr s of petitioner No. 1 and thr: he h ad already pronouncr:d Ta.aq (divorce) to his first wife; tl-rat tll e brother-in- lav,, of petitioll,:r No.1 has been instigating him to pronounce divorce to resp,ondent No. 1. Basing on the 52i61 f21r:ts, tl-re present crime is registr:-ed. Leat'ned. counsel for the petitioners submits 't.hirt respondent 4. No.1 joinect the society of her husband afte r fi"'e (r>) u'eeks of marriage, -sl;11 r:d with him hardly for three (3) da*'s; irnd went to her mother''s lor-rse; that respondent No' 1 never co-'>perated for consummaliotr of their marriage and filed the fals: t:ase against the petitio L-rer s, basing on omnibus allegations 'Il rerefore' he seeks to pass appropriate orders.

5. karr ed .Assistant Public Prosecutor cont( r:rcts that the matter recluit t:s to be tried and only upon conclttsion of a full-fledged trirll the truth comes to light Thr:refrti:, he seeks to dismiss thi: Criminal Petition Thrs Co:rt vide order dated 17 'lO'2023 hacl :is;pensed with A the appeararr:e of petitioner Nos 2 and 3 jn (l (l l\o 10819 of 20 19 befor e L re trial Court. :]::47f 3 *. Having regard to the submissions of both the iearned counsel and relying on the decision passed by the Hon'ble Supreme Court in Kahkashan Kausar @ Sonam and Others Vs. State of Bihar and Othersr, Dara Lakshmi Narayana and Others Vs. State of Telangana and another2 and Geeta Mehrotra and another Vs. State of Uttar Pradesh and another3, this Court is of the opinion that general allegations are levelled against petitioner Nos.2 and 3 herein and no specific and distinct allegations are made out against them. In the absence of any specihc role attributed to petitioner Nos.2 and 3 it would be unjust if they are forced to go through the tribulations of the triai. Therefore, this Court is inclined to allow the Criminal Petition by quashing the proceedings in so far as the petitioner Nos.2 and 3/accused Nos.2 and 3 are concerned, in C.C.No.10819 of 2Ol9 ot the file of the learned XIII Additional Chief Metropolitan Magistrate, at Hyderabad. g. In so far as petitioner No.1 is concerned, the impugned proceedings may go on. However, as sought for by the learned counsel for the petitioners, the appearance of petitioner No.1 irr C.C.No.1O819 of 2019, before the tri'al Court, is dispensed with I 2022 LawSuit (SC) 149 '2024 SCC OnLIne SC 3682 ' [2ot2l9 s.c.R. 641 4 subject to filinq an affidavit bir him stating that irr Jris absence, the proceecLinlls conducted by his counsel will no1 i;e disputed by him in anv mif nner. However, petitioner No.1 shall a1.>pear before the learnec VeLgistrate as and when his presence is required. In the event c,f firilure of petitioner No.l to appear .,i'-re.t the Court directs, t1-rir; orrler dispensing with his appearance s,'-ands vacated automaticalh' ry AccorCing,ly, the Criminal Petition is part.ly alLru,,:d. Nliscellan':ous Petitions, pending if any, shalt r;ternd closed. //TRUE COPY// SD/.-T. TIRUMALA DEVI EF'UI'Y REGIST R SECTION OFFICER ? ,j The Xlll Ar1ditional Chief Metropolitan Magistratelat Hvderabad The Station Hc,use Officer, Women Police Station, DD, Hv,derabad. Two CCs lo As,st. Public Prosecutor, High Court for tl-re State of Telangana at Flyderabad. (OUT) One CC to Sltl K GIRIDHAR RAJU Advocate [OPUC] Two CD C opi,:s To 1. 2. 3. 4 5 kul E- '--------- la '' :: t-::-._- ;l4r,.- '.\- 'c)i,,-''.\ l i. rJ \ ',; tB r{ifl M t, t HIGH COURT DATED:281O412025 ORDER CRLP.No.10317 of 2023 PARTLY ALI O\''lN( l llE. CRL PETII ION i) LoPf<A #*