The High Court · 2025

1. The state of rerangana, Represented by its pubric prosecutor, At High court 2. Smt,Banda Chaitanya Kumari, Wo. Banda Srinivas Goud, Age 32 years, Occ. of Telangana, Hyderabad. Yoga lnstructor, Rio. H.No.22-96/5, Radhakrishna Nagar, H/altalglri, Hyderabad. ...RESPONDENT/DE-FACTO COMPLAINANT 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 crime No. 400 0f 2023 dt. 03.05.2023 illatkajgiri p.s pending on the File of Honble principal Junior civil Judge-cUM-MetiJpolitan Magistrate, Medchal-Malka.igiri District, at Malkajgiri for the offence under dection 498-,4, 406, 379 IPC and 66, 72 tT Act,20OO. l.A. NO: 2 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 grant a stay of all further proceedings in FIR No. 4OO of 2023 dt.03.05.2023 regd, by Police station Malkajgiri. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Eranki phani Kumar, Advocate for the Petitioner and Mr. Rudresh Deshpande, Assistant public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No.2. The Court made the following: ORDER THE HONOIIRABLE SRI JUSTICE E.V. VENUGOPAL CRIMIIIAL PETITION No.10328 OF 2023 ORDER: The presen Criminal Petition is filed seeking tc quash the Crime No.40O of lr:)23 dated 03.O5.2023 before the Statirn House Officer, Mall<a- p::r i Police Station, Rachakonda regisr,ere:1 against the petitionr:r frrr t.he offences punishable under Se<:t.or',s 498-4, 406, 379 ol lrrr ian Penal Code, 186O (for short, "Ii)C") and Sections 66 arrrl i 2 of the inlormation Technolol5. Act, 2000 (for short, "IT Act")

2. Heard Mr.l )ranki Phani Kumar, learned counse for the petitioner, Mr. R rdresh Deshpande, Iearned Assistarrt Public Prosecutor appr';r 'rng for respondent No.1 State.

3. The brie' J:,,:ts of the case are that the n-..arriage between petitioner ancl rr-. ;pondent No.2 was performed on 113.07.2019 as per Hindu ritr'-. rnd customs. They were blessed v'it.h three (3) children out o1- t.heir wedlock. Respondent No.2 :;t:rted that petitioner No. I r. sed to consume alcohol and ,:arr. e h ome late night; that u,hen she questioned him about the same h,.) used to scold her 6ri b rat her; that her husband ne\.,er c na nged his attitude and har-r.ssed her lbr want of additional dowr 1,; that her 2 mother-in-law ald father-in-law also subjected her to cruelty and harassment. As respondent No.2 was unable to bear such harassment, she left her matrimonial home and started living with her parents. Basing on the said factS, the present crime is registered against petitioner for the aJore said offences.

4. Learned counsel for the petitioner submits that respondent No.2 had filed multiple complaints against the petitioner. Firstly, Crime No.88 of 2Ol9 for the offence punishable r-rnder Section 498-4 of I.P.C read with Sections 3 and 4 of the Dowry Prohibition Act; secondly, Crime No. 173 of 2023 before the Station House Oflicer, Malkajgiri Police Station for the offence under Section 498-A of I.P.C.; thirdly, the present Crime No 4OO of 2023 for the offences punishable under Sections 498-A, 4O6, 379 of IPC and Sections 66 and72 of IT Act.

5. He submits that respondent No.2 had got registered multiple F.I.R.s against the petitioner herein and others' Relying on the decision passed by the Hon'ble Supreme Court in T.T.Antony Vs. State of Kerala and Othersl, he submits that except in exceptional circumstances, second F'I'R' cannot be. '(2O01) 6 Supreme Court Cases 181 registered fbr- tl Le same offence; with same cartse c 1' rtction and seeks to allorv t ] Lis Criminal Petition

6. Opposir-r1: ihe same, learned Assistant Publi-. rrosecutor contends that ( nce investigation TS complete, cha r13e sheet has been laid belc r, , the Magistrate concerned; thzrt as tlre offences alleged again s1 t he petitioner are continuing, resPonr lent Police had registetr<1 subsequent F.l.Rs. Therefore, he srulrmits that interference c[.his Court, at this stage, is not 1,,'aLrr,lnted seeks to disrr,iss t.his Criminal Petition 7 . Having :e qard to the submissions of both ttre learned counsel and rr lying on the decision cited (supr,l 7 ald the ) decisions pa:rsie - by the Hon'ble Supreme Cou,.rt rn l,l.ahkashan t I Kausar (rl Sonam and Others Vs. State of Bihar a.nrl Others2, Dara Lakshmi Narayana and Others.Vs. State of 'felangana and another3 i r-rd Geeta Mehrotra and another ty's, State of Uttar Pradesh rnd another+, this Court is of th t' op inion that general allegati )ns are levelled against the petitic nr r and no specific anrl rlis rnct aliegations are made out against lLim. them. In the absenr:t: ;f 2ny specific role attributed to the p rtitioner it 2 2022 LautSurt (Sl( r .19 3 202+ SCC Or:Llni S lr 3682 o [2012] 9 s.c.R r)Jl 4 would be unjust if he is forced to go through the tribulations of the trial. Therefore, this court is inclined to allow the criminar Petition by quashing the proceedings in so far as the petitioner is concerned, in Crime No.4OO of 2023 dated 03.05.2023 before the Station House Officer, Malkajgiri police Station, Rachakonda registered for the offences punishable under Sectio ns 49g-A, 406, 379 of Indian Penal Code, 186O and Sections 66 and Z2 of the Information Technoiogr Act, 2000. B. Accordingly, this Criminal petition is allowed. Miscellaneous Petitions, pending if any, shall stand closed. To, 2 J

4. //TRUE COPY// SD/. P.GOWRI SHANKAR DEPUTY REGISTRAR SECTION OFFICER The Principal Junior Civil Judge cum lt/letropolitan Magistrate, Medchal Malkaigiri District at ltilalkajgiri The Station House Officer, Malkajgiri Police Station, Rachakonda. Two CCs to the Public Prosecutor, State of Telangana, High Court Buildings at HyderabadlOUTl One CC to Sri Eranki Phani Kumar, Advocate [OPUC] Two CD Copies 4_- \ HIGH COURT DATED:21 104111025 ORDER CRLP.No.10328 of 2023 e) o o o t /.-= -:: r= ir rt t :;r 1;-a l3 ruv I ) 025 a ! Dr' \.-:S r rr r-tEo t ALLOWING I-IE CRL.P. .,1 {-n c 1':1 'r:L t