✦ High Court of India · 06 Aug 2025

The High Court · 2025

Case Details High Court of India · 06 Aug 2025
Court
High Court of India
Decided
06 Aug 2025
Bench
Not available
Length
1,049 words

1, The State of Telangana, Rep. by its Public Prosecutor. High Court at 2 Hyderabad tfrannii, @ Kunchala Lavanya Lgtha, Wo.Madhava Rao Aged 33 years, Occ Housewife, R/o. Bhagathnagar, Karimnagar ..RESPONDENTS/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 CC. No. 1527 of 2020 on the file of Special Judicial First blr"" Magisirate (Excise) at Karimnagar registered alleging offences U/sec- 498A, 506 IPC and Sec. 4 of DP Act. r.A. NO: 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 grant stay of all further proceedings in CC. tlo !-SZJ of 2020 on the file bt Special Judicial First Class Magistrate(Excise) at Karimnagar registered alleging offences U/sec. 498A, 506 IPC and Sec. 4 of DP Act. This Petition coming on for hearing, upon perusing the- lVl-elorandum Grounds of Criminal Petition and upon hearing the arguments of Sri C M R VELU, Advocate for the Petitioners and SRI E GANESH, the Assistant Public Prosecutor for the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER ." i:.ir,.::;ri : : l : ,l ,l ;! I I i1) (^) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.9523 of 2O2L ORDER: This Criminal Petition is filed seeking to quash the proceedings in C.C.No.1527 of 2O2O, agairrst petitioners, who were arrayed as accused Nos.2 to 5 on the file of the learned Special .Judicial Magistrate of First Class, Karimnagar (for short "the triiil court") for the alleged offences punishable under Sections 4984, 506 IPC and Section 4 of DP Act.

2. The brief facts of the case are that th.e de facto complainant lodged €L report on O7.06.2O2O at 14:00 hours, stating that her marriagr: was performed with accused No.1 on 23.O8.2000, at the time of marriage, Rs.2,00,O00/- net cash, 10 tulas gold and other house hold articles were given towards dowry. They were blessed with one son and lead happy marital life for a period of 5 years. T'hereafter, her husband/accused No.1 developed illegal intimacv with another woman and started harassing the complai:aant physically and mentally by demanding her additional dowry. In the year 2OLO, she lodged a complaint against her husband and the police. concerned have conducted counset.ng and compromised the issue between them. Later, her husbanri again started harassing her by demanding additional \ \,I \, \ : :l f E !i /--:,. 2 dowry and also developed illegal intimacy with one "Erra Bharyavathi who is iesiding in a rented house. On 15.03.2019, her husband performed second marriage with Erra Bharyavathi without the consent of complainant and the entire gold ornaments of the de-facto complainant were sold by her husband. When she questioned regarding second marriage with Erra Bharyavathi, accused Nos.2 to 5 threatened her with dire consequences. [n the year 20L9, her husband purchased Breeza czrr on the name of his Erra Bharyavathi and also came to know through neighbours that since 4 months, her husband did not pay the house loan and trying to sell the house. Hence, requested to take necessary action.

3. Heard Ms.E.R.Savithri, learned representing learned counsel for the petitioners.

4. Learned counsel for the petitioners submits that, the trial has already commenced before the learned trial court and it is at the stage of examination and sought to dispense with the appearance of the petitioners as well as seeks permission of this court with a liberty to lile discharge petition before the trial court.

5. Recording tJle submissions of learned 'counsel for the petitioners, this Court without making any observation on merits .* s(- \ \ \ J or deme:rits of the case, this criminal petition is disposed of granting liberty to the petitioners to file appropriate application in accordance with law, before the trial Court seeking discharge and upon filing the same, the trial Court shall consider the said application on merits and pass appropriate orders as expeditiously as possible preferably within a period of three (O3) months thereon.

6. However, 3S sought by the learned counsel for the petitione:rs, the appearance of the petitioners-accused Nos.2 to 5 is dispensed with in C.C.No.l527 of 2O2O on the file of the learned special Judicial Magistrate of First Class, Karimnagar, w'hen represented by their counsel on record. The appearance of the petit.ioners-accused Nos.2 to 5 is dispensed with subject to filing an affidavit by the petitioners stating that in their absence, the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also. However, the petitioners-accused Nos.2 to 5 shall appear before the learned trial Court as and when their presence is required., tailing vrhich, the interim relief granted by this court stands vacated automatically.

6. With the above directions, tl is Criminal Petition is disposed. of. There shall be no order as to costs. :'r:+t ill :,9 4 As a sequel, miscellaneous applications pending in- this o petition, if any, shall stand closed. SD/- AHMED ABDULLA KHAN ASSISTANT REGISTRAR / 6 //TRUE COPY'/ SECTION OFFICER To, $),

1. The Special Judicial First Class (Excise) Magistrate at Karimnagar. 2r The Station House Officer, WPS Karimnagar, Karimnagar. 3. One CC to SRI C tU R VELU Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad. [OUT]

5. Two CD Copies GR/PSL \ \ \ \ \ HIGH COIJRT DATED:06/08/2025 ORDER c LP.No,9523 ot 2021 'j 0g tts 2m * I d .L t DISPOSING OF THE CRIMINAL PETITION q

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