The High Court · 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 quash the proceedings in CC.No.462312o24 on the file of Hon'ble Xlll Additional Chief Metropolitan Magistrate Nampally Hyderabad against the petitioners/accused. no.2 and 3. l.A. NO: 'l OF 2024 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 against Petitioners/Accused.no.2 and 3 in CC.No.462312O24 on the file of Hon'ble Xlll Additional Chief Metropolitan Magistrate Nampally Hyderabad pending disposal to the quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M Arvind, Advocate for the Petitioners and Sri M. Ramachandra Reddy, Additional Public Prosecutor on beHalf of the Respondent No.1 and of Sri M.Rangaiah, Advocate for the Respondent No. 2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE JUWADI SRIDEVI cRIMINAL PETITION No.12250 of 2024 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,by the petitioners-accused Nos.2 and 3 seeking to quash the proceedings against them in C.C.No.4623 of 2024 on the file of the learned Xlll Additional Chief Metropolitan Magistrate, Nampally at Hyderabad, registered for the offences under Sections 498-4 and 506 of IPC and Sections 3, 4 and 6 of D.P. Act, 1961.

2. Heard Mr. M.Arvlnd, learned counsel for the petitioners, Mr. M.Rangaiah, learned counsel for respondent No.2-de facto complainant and lvlr. M.Ramachandra Reddy, learned Additional public Prosecutor appearing for respondent No.1-State. perused the record.

3. The case of the prosecution is that the petitioners-accused Nos.2 and 3 are the mother and father of accused No.1 respectively. The marriage of the r/e facfo complainant with accused No.1 was performed on 04.05.2022. At the time of marriage, as per the demand of all the accused, certain amount of dowry was given. The couple lived happily for three months. Thereafter, accused No.1 frequenfly came home in an inebriated condition, subjected the de facto complainant to physical and mental harassment, and assaulted her, which ultimately led to a o*1 2 miscarriage.Alltheaccusedusedtospreadrumoursaboutthedefacto complainant and her family. They used abusive language' suspected her character and threatened to kill her mother and sister. They also coerced her into handing over her salary. Despite the de facfo complainant expressingherill-health,thepetitioner-accusedNo'2forcedhertowork' On2S.ll.2O22,alltheaccusedneckedheroutfromthematrimonial home.

4.Learnedcounselforthepetitionerssubmitsthatthepetitionersare innocent and have been falsely implicated in the case by the de facfo complainant, only to wreck vengeance in view of the matrimonial disputes between de facto complainant and accused No'1' He admitted that the petitioners, accused No'l and de facto complainant resided under one roof, but on the date of alleged incident i'e'' on 28J12022' the petitioners are in U'S' The de facto complainant has issued legal notice, dated 30.05.2023 to accused No.1 seeking divorce, wherein, it is Statedthatonthedateofallegedincident,accusedNo.lneckedherout ofthematrimonialhome.However,inthepresentcomplaint,itisalleged that all the accused necked her out of the matrimonial home' The present complaint was lodged by the de facto complainant on 10'10'2023' whereas, the marriage of de facto complainant with accused No'1 was performed on 04.05.2022. The reason for such delay remained unexplained.ltisalsocontendedthatexceptbaldallegations,nospec|fic 3 overt acts are attributed to the petitioners. Thus, he prayed to quash the proceedings against the petitioners.

5. On the other hand, the learned counsel appearing for respondent No.2-de facto complainant as well as learned Additional Public Prosecutor in one tone contended that all the accused, including the petitioners herein, have harassed the de facfo complainant after her marriage with accused No.1 and being unable to bear the same, the present complaint has been lodged. On the date of alleged incident, the petitioners were very much present in lndia. Due to the harassment meted out by the accused, the pregnancy of de facfo complainant was aborted. lt is further contended that all the allegations levelled in the complaint as well as in the charge sheet are subject matter of trial, and hence, this is not a fit case to quash the proceedings at this stage. Accordingly, they prayed to dismiss the petition. I I

6. As seen from the record, it is evident that there are triable issues and the truth or otherwise of the allegations levelled against the petitioners can only be decided after conducting full-fledged trial by the trial Court. The matter is coming up for trial, and out of seven witnesses, five witnesses were already examined, according to the learned counsel for respondent No.2-de facto complainant. Therefore, this Court is-not 4 inclined to quash the proceedings against the petitioners-accused Nos.2, and 3.

7. ln view of the above, this Criminal Petition is dismissed. However, the trial Court shall dispose of the main case as expeditiously as possible, in accordance with law, without being influenced by any of the observations made by this Court in this order. The parties and their counsel shall co-operate with the expeditious disposal of the matter. lnterim stay granted by this Court on 14.10.2024 stands vacated. As a sequel, pending miscellaneous applications, if any, shall stand closed' sor- e ' JYorHt STANT REGI /TRUE COPY// SECTION OFFICER To, l

1. The Xlll Additionat Chief MetroPolitan Magistrate, 2. The Station House Officer, WPS East Zone Police 3. Two CCs to Public Prosecutor, High Court for the Hyderabad [OUT]

4. One CC to Sri M Arvind, Advocate [OPUCI 5. One CC to Sri M.Rangaiah, Advocate [OPUC] 6. Two CD CoPies ABK/kanl , Hyderabad Hyderabad of Telangana at i It HIGH COURT DATED: 1110912025 ORDER CRLP.No.12250 ot 2024 DISMISSING THE CRIMINAL PETITION w\sr :..---'' - , 11E. :. '..ri,r. :- -//'' .1:.1)t- \- , .,\. i': (.) v O 0 r ilell flut i r_r J') *