The High Court · 2025

THE HONOURABLE SRI JUSTIGE E.V. VENUGOPAL CRIMINAL PETITIO NNO:1 1299 0F 2023 Between: 2 3 Kausar Jahan Begum, Wio syed lbhrahimlqbal, (A 2).Age 55 years' Occu House "i" ru"-n .l'io.16-2-i41t46lA, TV Toter' t\/alakpet, Hyderabad' *ii", e"l[ Sved lbhrahim lqbal, S/o. Late Syed Hussain'(A3) Age' 62 years' Occu' Rtd' Elr;"y;. ilih ii" iio.u.r'ro to'2'i41t46tA, TVTow6r, tvlalakpet, Hvderabad Sved Jaffar Hussain @ Syed Pyare, S/o Syed Hussain (A5) Age' 45 years Occu' Hf"j#pi"y;;, il-N.7e-ii-7si Moosaram'bash, Back side of sBl bank' Malakpet' Hvderabad ...pETtrtoNER/AccusED No.2, 3 AND 5 AND 1 2 TheStateofTelangana,RepbyitsPublicProsecutor,HighcourtofJudicatureat Hyderabad for the State of Telangana Smt. Reshma Begum, W o. Syed Zeeshan Hussatn, Age' 20 years' Occu House *ii., nlo Dharurvillage and Mandal, Vikarabad. Dstrict NDENTS/COM'LAINANTS -tne PetitionUnderSection4S2ofCr'P.Cprayingthatinthecircumstancesstatedin the Memorandum of Grounds of criminal Petition, the High court may be pleased to call ioi tn" r""ora, in c_c.No.453 0f 20.19 in crime No.31 0f 2019 0f P.S: wPS, Vikarabad offences punishable U/s. 498-A of IPC on the file of Judicial First Class tiltrgi"trrt", at Vikarabad and quash the same to the extent of all the petitioners /accused No.2, 3 and 5 t.A. NO :1OF 2023 PetitionunderSection432ofCr'P.Cprayingthatinthecircumstancesstatedin iurther proceedings including tr9 aigqen-se^^ot personal ap-pearance^ the l\ilemorandum of Grounds of Criminal Petition, the High Court may be pleased. to ^of^the illition.i"lr""r".d No.2, 3 ind 5 in CIC.Uo.+S3 of 2019 in Crime No.31 of 2019 of "iry F.s,wps vikarabad for the offences punishable U/s_ 4gg-A of lpc on the file of Judicial iioi Cr""" Magistrate, at Vikarabad, pending disposal of the above Criminal Petition "rr This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M V S SAI KUMAR' Advocate for the Petitioners and the E.GANESH Assistant Public Prosecutor on behalf of the Respondent No.1 and of None Appeared for the Respondent No 2 The Court made the following: ORDER ......i-r <-r-.. 7 THE HON'BLE SRJ JUSTICE E.V.VENUGOPAL Criminal PetitionNo .11299 0F. 2023 ORDER: This criminal petition, under Section 4g2 Cr.p.C, is filed seeking to quash the proceedings against the petitioners / accused Nos.2, 3 and 5 in c c.No.453 of 2or9 on the file of the court of the Judicial Magistrate of the First Class, Vikarabad, registered for the offence punishable under Section 498A of IPC 2 Heard Sri M.V.S.Sai Kumar, learned counsel for the petitioners and Sri E.Ganesh, learned Assistant public prcsecutor appearing for respondent No. I -State.

3. Respondent No.2l de facto complainant fiied a complaint alleging that she was married to accused No.l on 72.OL2Ola. At the time of marriage, Rs.6o,00o/- cash, two tulas gold, bike and other household articles were given. They lived happily for a period of four months. Thereafter, accused No. 1 and others used to commenl that respondent No.2 was an illiterate and abused her in filthy language causing mental harassment. A11 the accrrsed have harassed her physically and mentally and thrown her out of the house. tright months have passed and accused No.1 did not call her while she was residing at her parents, house.

4. l,earned counsel for the petitioners would submit that bald allegations are leveled against these petitioners stating that they had harassed the de facto dmplainant 2 a r.r .:1j...,

5. On the other hand, learned Assistant Public Prosecutor argued that the allegation against these petitioners and others is that the de focto complainant was necked out from her matrimonial house'

6. As seen from the allegation in the complaint and the statements made by ttle d.e facto complainant and others, it is alleged that accused No.1 was harassing her and no specific allegation is made against petitioner No.3/accused No.5. The allegation of sending the complainant out of the house is against accused Nos l to 3' de facto In KahkashoLn Kausar @' Sonam and others a' Stdte of Biharl 7. the Hon'ble Supreme Court held that unless there are specific and distinct allegations against the accused, the proceedings can be quashed' Under Section 482 of C:.P.C, the Court should be careful in proceeding against relatives who are roped in on the basis of vague and omnibus ' allegations.

8. The Hon'ble Supreme Court in the case of Preeti Gupta v' Sto.te oJ Jhorkhandz held that the Courts have to scrutinize the allegations made with great care and circumspection, especially against husband's relatives who were living in different cities and rarely have visited or stayed with i the coupie. In the present case only on the basis of bald allegation that g. petitioner No.3/accused No.S was also responsible for the harassment t 11iOi.21 O Supreme Court Cases 599) 3[(2010) 7 Supreme Court Cases 657) j J 3 meted out by the husband/accused No.1, criminal proceedings cannot be permitted to continue in view of the observations of the Hon'ble Supreme Court.

10. In the result, the proceedings in C.C.No.453 of 201-9 on the file of Judiciai Magistrate of the First Class, Vikarabad, against petitioner No.3/accused No.5 alone are hereby quashed. While dismissing the criminal petition against petitioner Nos.1 and 2/accused Nos.2 and 3, liberty is granted to them to agitate all the grounds that are raised before this Court by filing discharge petition before the trial Court and also the appearance of petitioner Nos- 1 and 2/accused Nos.2 and 3 in C.C.No.453 of 2019 on the file of .ludicial Magistrate of the First Class, Vikarabad, is dispensed with. Hou,ever, petitioner Nos.l and 2/accused Nos.2 and 3 shall appear before the trial Court as and when their presence is required. On filing the said discharge petition, the trial Court shall decide the same, as expeditiously as possible, in accordance s,ith law.

11. Accordingly, the Criminal Petition is allowed-in-part. Consequently. miscellaneous petitions, pending if any, shall stand closed . //TRUE COPY// Sd/- A. PRATHIMA DEPUTY REGISTRAR SECTI fiuf,,,"=* To, '1. The Judicial First Class Magistrate at Vikarabad, Vikarabad District 2. The Station House Officer, Vikarabad WPS, Vikarabad, Vikarabad District 3. One CC to SRI [I V S SAI KUMAR Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad

5. Two CD Copies - -1:---t . -...:-r?--..a,'"-lr--ri: :a : .1:: -y.exfflbr HIGH COURT DATEO: O4lO3l2O25 !,.. t:./ ----a::-\-- t i.: S Iz, . ,/" ORDER CRLP.No.11299 of 2023 l',/^a 1E SEP ZO6 ,,, a t : l ,, : t : I I i I I ALLOWING THE CRIMINAL PETITION IN PART 4/z 7 /9,/-<5