The High Court · 2025

2. Sri Kanhaiya Prasad Gupta, S/o. late. Jahakushan, R/o. Sikitiya, Age.46 years, Occ. Private Employee, Pashurampur Village, tvlugarsura mandal, Chandawai Dist, U.P. state - Ph.9455169616 ...RESPONDENTS/COMPLAINANTS Petition under Section 528 of BNSS., praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Cou( may be pleased to QUASH the proceedings pursuant to PRC No. 11 of 2024 on the file of lV Addl Judicial magistrate of First Class Cum-lV AJCJ, at L.B. Nagar, Ranga Reddy District for the offences under Sections 304-8 lPC, as the same is untenable either on facts or under law and pass I.A. NO: 1OF 2024 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 STAY all the proceedings pursuant to PRC No. 11 o'f 2024 on the file of lV Addt. Judicial Magistrate of First Class cum - lV AJCJ at L.B.Nagar, Ranga Reddy District for the offences under Sections 304-B IPC including appearance of the Petitioners pending disposal of the main Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K. Dharam Singh, Advocate for the Petitioners and of Mr. Surepalli Prashanth, learned Asst. Public Prosecutor on behalf of the Respondent No,'1 and none appears for Respondent No.2. The Court made the following: ORDER I + To //TRUE COPYII SD/- MOHD.,ISMAIL DEPUTY REGISTRAR SECTION OFFICER

1. The tV Addl. Judicial Magistrate of First Class cum - lV AJCJ at L.B.Nagar, Ranga Reddy District

2. The Station House Officer, Chaitanyapuri Police Station, Rachakonda. 3, One CC to Sri S.R Blessington, Advocate IOPUCI 4 Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD copies. BJLB/gh I l THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION NO.15O52 OT 2024 ORDER: This Criminal Petition is frled under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short tsNSS) by petitioners/ accused Nos.2 to 4 to quash the proceedings against them in PRC.No.l7 of 2024 on the iile of IV Additional Judicial Magistrate of First Class cum IV Additional Junior Civil Judge, Ralga Reddy District at LB Nagar. The offences a-lleged against petitioners are under Section 3048 read with Section 34 of the Indian Penal Code (for short 'lPC) and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2. Heard Mr. K.Dharam Singh learned counsel for petitioners and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the material on record

3. Basing on the complaint filed by respondent No.2/de-facot complainant on 24.07.2023, an FIR bearing No.617 of 2023 was registered under Section 3048 read with 34 of IPC. In the complaint, it is stated that one Mr. Ashok Gupta (accused No.l) was married to Mounica Gupta/ daughter of respondent No.2 in the year 2018 and that they were blessed with one child. After few 2 ]AK, czu.P_15052-2024 17 months, accused Nos.1 to 4 started harassing Mounica Gupta for additional dowry. Due to the harassment, Mounica Gupta and her daughter started residing in the State of Uttar Pradesh from the year 2021. In February, 2023, accused No.1 convinced Mounica Gupta's family members ard brought Mounica and child back to Hyderabad. Even after bringing them back, the harassment of Mounica Gupta was continued by accused Nos.l to 4. On

22.O7.2023, at7 27 p.m., respondent No.2's son/Shubam Kumar Gupta received a message on his Whatsapp regarding the death of Mounica Gupta. It is the allegation of respondent No.2 that his daughter/ Mounica Gupta di{ not die by hanging herself, but was killed by accused Nos.1 to 4. Hence, the complaint.

4. After completion of investigation, charge sheet has been hled on 19. lO.2O23 on the fi1e of lV Additional Metropolitan Magistrate cum IV Additional Junior Civil Judge, Rangareddy District at LB Nagar, for the offences unddr Sections 3048 read with 34 of IPC and Sections 3 ard 4 of Dowry Prohibition Act, 196 1. It is observed from the charge sheet that Mounica Gupta died within 7 years of her marriage and her death was due to harassment of accused Nos.l to 4 to bring additional dowry. It is further observed that counseling was given to accused Nos.l to 4 in \ 3 JAK, J CRLP 15052 2024 Saroornagar Women Police Station, in spite of which, accused Nos.l to 4 did not mend their ways. It is further observed that accused Nos. 1 to 4 were responsible for the death of Mounica Gupta.

5. Learned counsel for petitioners/ accused Nos.2 to 4 submitted that petitioners have no role in the death of Mounica Gupta. It is further submitted that false allegations have been made only to implicate petitioners and that no overt acts are attributed to them, except for omnibus allegations. It is also submitted that petitioner No.l/accused No.2 is a heart patient and petitioner No.3/accused No;4 is a pregnant woman and a1l petitioners/ accused Nos.2 to 4 are residing in the State of Andhra Pradesh. It is further submitted that petitioners/accused Nos.2 to 4 are willing to participate in the proceedings and they may be permitted to appear, as and when necessary, by dispensing their presence in day to day proceedings. It is also submitted that the case is at the PRC stage and no proceedings have been initiated

6. Learned Assistant Public Prosecutor submits that this is the case of death and on perusal of the record, it is amply clear regarding the involvement of the accused and they may be permitted to appear before the concerned trial Court during the 4 (i JAK,, CRLP 15052 2024 proceedings and that no interference is necessitated in this case and the proceedings be permil.ted to go on.

7. Heard learned counsel, perused the record and considered the rival submissions. B. On pemsal of entire record i.e-, complaint, FIR, charge sheet and other documents annexed in the criminal petition, it is noticed that Mounica Gupta/deceased (daughter of respondent No.2) was married to accused No.l in the year 2O18 and they were blessed with one child. It is also observed from the record that accused No.l along with his parents used to harass the deceased mentally and physically for additional dowry. For which reason, the deceased and her daughter started residing in the State of Uttar Pradesh from the year 2O2l- That in February, 2023, accused No.1 convinced the Mounica Gupta's family members ald brought his wife and child back to Hyderabad' It is stated in the charge sheet that accused Nos.l to 4 used to harass the deceased for additional dowry. Counseling was also given to accused Nos.l to 4 in the Saroornagar Women Police Station' On

22.O7 .2023, respondent No.2's son received a message regarding death of Mounica GuPta. -/ \ 5 JAK, J CPLP t5052 2024

9. Having considered the entire factual matrix of the case, this Court is of the opinion that prayer sought for by petitioners/ accused Nos.2 to 4 cannot be granted and this Court is not inclined to quash the proceedings against them. However, taking into consideration the fact that petitioner No. l/accused No.2 is a heart patient, petitioner No.3/accused No.4 is a pregnant women, petitioner No.2/accused No.3 aged 55 years and all petitioners/ accused Nos.2 to 4 being residents of Andhra Pradesh, this Court deems it appropriate that the presence of petitioners/ accused Nos.2 to 4 can be dispensed with ald is I \ accordingly dispensed.

10. It is made clear that petitioners shall present themselves before the learned Magistrate, if their presence is required Petitioners shall file afhdavit(s) that they will not dispute their identity and that the proceedings carl go on in their absence, to be conducted by their counsel(s). Learned counsel(s) for petitioners shall represent before the trial Court without fail on all dates. Petitioners shall not dispute the proceedings conducted in their absence. This order shall stand vacated automatically, ' if petitioners fail to attend the proceedings as and when summoned by Court and also when the counsel(s) representing petitioners 6 JA(, CRLP 15052 2024 ! fail to attend Court proceedings on any dates. Any observations made in this order shall not influence the trial Court while considering or concluding the case at the time of trial 1 1. With the above observations, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. To //TRUE COPY// SD/- MOHD. ISMAIL D PUTY REGISTRAR I I SECTION OFFICER

1. The lV Addl. Judicial lVlagistrate of First Class cum - lV AJCJ at L'B.Nagar, Ranga Reddy District

2. The Station House Officer, Chaitanyapuri Police Station, Rachakonda. 3. One CC to Sri S.R. Blessington, Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD copies. BJLB/sh W HIGH COURT DATED:11/03/2025 I 1 ORDER CRLP.No.15052 ot 2024 t + () C) 25 JUN if. 206 ',;{i CRIMINAL PETITION IS DISPOSED OF .si;.r,iq11gO t