The High Court · 2025
Case Details
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 CC No 426 of 2024 on the file of Honble Vlll Addl. Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally against the petitioners l.A. NO: 1OF 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 grant stai all further proceedings in CC No 426 of 2024 on the file of Honble Honble Vlll Addl. Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally, including personal appearance of the petitioners pending disposal of the CC No 426 of 2024 on the file of Honble Honble Vlll Addl. Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VARUN KUMAR E ,Advocate for the Petitioner and Sri. Jitender Rao Veeramalla, learned Addl. Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. appeared for the Respondent No. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12953 ot 2025 ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') seeking the Court to quash the proceedings against the petitioners C.C.No.426 of 2024, pending on the file of the learned Vlll Additional Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally.
2. Heard Sri E.Varun Kumar, learned counsel for the petitioners as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.
3. Leamed petitioners' counsel submits that the petitioners herein are the inlaws and relatives of the husband of the de facto complainant and that all the family members are roped in with omnibus allegations. He further submitted that there are no specific acts of harassment alleged against the petitioners herein and that there was panchayat held wherein resolution was passed for an amicable settlement, but even then, the respondent did not mend her ways and once the husband i.e., accused No.1 herein has filed divorce O.P. vexed with the behavior of the defacto complainant. --\ * ^..r 2 ETD, J Crl.P 12953 2025 The present complaint got lodged by respondent No.2 with all false allegations. He therefore prayed to quash the proceedings against the petitioners.
4. The learned Additional Public prosecutor has submitted that accused No.7 is still absconding and the person who is not following due process of law is not entitled to any relief. He further submitted that there are allegations against the petitioners herein as per the statements of witnesses and the contents of the complaint. He therefore prayed to dismiss the petition.
5. Perused the record. The recitals of the charge sheet show that accused No.7 is absconding and the porice have requested the Court to issue Non-Bailable Wanant against accused No.7. With regard to the allegations against the other accused, it is a[eged that the husband and inJaws were harassing the de facfo comprainant for want of additional dowry and that at one instance, Rs. 50,000/_ was transferred to the account of her father- in- law, who is the petitioner No.1 herein through 'Phone pe,. The said phone number is also stated herein. Fu(her, there are specific allegations against the other petitioners with regard to the incidents of harassment. The statements of witnesses and the electronic evidence needs to be 3 ETD, J Crl.P_r2953 2025 tested during the course of trial. Hence, it is deemed appropriate to dispose of the criminal Petition by dispensing with the attendance of the petitioners before the Trial Court.
6. Hence, the criminal Petition is disposed of dispensing with the presence of the petitioners before the Trial Court provided that the petitioners are represented through an Advocate on every date of hearing and that they shall be present before the Trial court whenever they are specifically required during the course of trial. 7 Miscellaneous petitions pending, if any, shall stand closed. SD/.M.OSMAN ALI BAIG ASSISTANT REGISTRAR
6. //TRUE COPY// SECTION OFFICER To,
1. The Vlll Addl. Judicial Magistrate of First Class, Ranga Reddy District at Kukatpally.
2. The Station House Officer, Miyapur Police Station, Cyberabad. 3. One CC to SRl. VARUN KUMAR E Advocate IOPUC] 4. Two copies to the PUBLIC PROSECUTOR, High Court for the State of Telangana [OUT] 5. Two CD Copies ARM/PSL Pn^q. HIGH COURT DATED:08110t2025 ORDER CRLP.No.12953 ot 2025 EH1 Ta I4r MI a z u l1 * * p gO DISPOSING OF THE CRLP @e^a ti\ rrl>f