High Court · 2025

Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Charge sheet in PRC. No. '19 ot 2022 on the file of Additional Judicial First Class Magistrate at Ramannapet, yadadri Bhongir Diskict, dated- 1210912O22 for the offences under Section 417 , 420, 495, 376(2)(n), 313,342,504, 506, 120-8, 109 r/w Section 34 of tPC; l.A. NO: 1OF 2024 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminat Petition,the High Court rnay be pleased to stay off all further proceedings including appearance of the petitioners in the PRC. No. 19 of 2022 on the fite of Additional Judiciat First Class Magistrate at Ramannapet, Yadadri Bhongir Drstrict, dated. 12tjgt2o22 fot the offences under Sec{ion 417, 42O,495, 376(2)(n), 313. 342,504, 506, 120-8, 109 r/w Section 34 of IPC;. This Pelition coming on for hearing,upon perusrng ihe l,remorandum of Grounds of Crinrr al Petition and upon hearing the arguments of Sri CHALAKANI VENKAT YA,Dr\\/ Advocate for the Petitioners and Sri Surepalli Prashanth Asst. Public Prosecutor on behalf of the Respondent No. 1 eind Ms.Mukkera Sahithi Sri Kav'ya, ltdvocate for the Respondent No.2; The Court macle the following: OROER THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.151 1o oF 2024 ORDER: This Criminal Petition is frled under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSSJ by petitioners/accused Nos.l to 5 to quash the charge sheet in PRC No.19 of 2022 on the file of District and Sessions Judge, Yadadri Bhongir District' dated 12.Og.2022, for the offences under Sections 417 ' 42o' 495' 376(21(nl, 313, 342, 504, 506, l2O-8, 109 read rvith Section 34 of Indian Penal Code, 1860 (for short 'lPC')'

2. Heard Mr. Chatakani Venkat Yadav, learned counsel for petitioners, Ms. Mukkera Sahithi Sri Kaq'a' learned counsel for respondent No.2 alrd Mr' Surepalli Prashanth' learned Assistalt Public Prosecutor for respondent No 1 State.

3. On the basis of complaint (by respondent No 2)' an FIR bearing No.2O2 of 2O2O was registere d on 29 'O9 2O2O ' A Charge Sheet is frled against accused Nos- I to 5 on 7 JAK, J ( RLP 15 0 2024

12.09.2oi'j.'.a under Sectiofls 417, 42O, 495,37t;(2)(n), 313, 342, i;O,+" .;06, l2O-8, 109 read with Section 34 of IPC' The content:; :f the complaint are as follows. Respond<:nt No.2 was rrLarrit:rl to accused No.1 on 21.12.2018, when she was pregn a.nt, rrccused No. 1 took her to hospitals, got her scanner: zr-rd without her knowledge, got her ;eborted, knou,inil ,hat she was carrying a girl cnild When questrorrec . her husband (accused No.1) gave rudr,: replies and tLarassed her physicaliy and mentally, It is further averred thilt accused No. 1 got her aborted on tq'o or)casions on kno',r,: rr13 that she was carrying girl chilC a:rd that accusecl l',J r. I u,ith his first wife (accused No.2), abrLsed her physir:all1 :u-rd mentally for not bearing a ma-lt: child. It is also allr:g,: I that accused Nos.3 to 5 also harass;ed her with accusecl \i rs. 1 and 2. Hence, the complaint.

4. Le arrr,:d counsel for petitioners subrnittr,:d that accus:cl i'l r.2 is the [irst u'ife of accused No.1 and l-hat she is als<, rr i'ictim of accused No.1. That she parted w,,rys with accusr3( fJ,r 1 .rl0 is living separately from him. It isr further subm tl,:cL :hat accused No.2 is not conn.ected lrith the I 3 JAK, J CRLP r5ll0 2024 acts, except accompanying accused No.1. It is also i/ submitted that accused No.2's name was mentioned in the complaint only with an intention to harass.

4. I . It is submitted that accused Nos.3 to 5 are not concerned with abortion and no overt acts are attributed to them in the complaint. It is further submitted that offences mentioned in the charge sheet are not attracted That respondent No.2 was married to accused No' 1 and was bearing the children of accused No. 1. It is also submitted that the complaint is frivolous and allegations are baseless' Hence, proceedings be quashed.

5. karned counsel for respondent No.2 opposed vehemently and submitted that perusal of complaint, FIR and charge sheet reflect the overt acts of accused Nos l to

5. That accused No. 1, with active support of accused No'2, harassed respondent No'2 and got her aborted' It is further submitted that respondent No.2 was sexually exploited by accused No.1 keeping her in dark about his hrst marriage and that only later, respondent No.2 came to know about the marriage of accused Nos.l and 2. It is also submitted ; ! I ! I 1 I I I I I I I I i I i ! i I I i i j 1 1 4 JAK, J ( RLP l5lt0 2024 that a,::cu sied No.l, a-iong with accused No.,2, took responclen t No.2 to the hospital and got her t;carrned, on knowin;.1. she was carrying a girl child, they forcibly aborted the g:irl r:lrild. It is submitted that accused Nosi.3 to 5 helperl itcctLsed Nos.1 and 2. Th.at respondent lrio.2 was not aware r-,f lre identity of accused Nos.3 to 5, he.nce she stated in th e complaint that others forced her into the car and tool< I-err to hospital. That accused Nos.1 to 5 are liable for their-alieged acts and no interference is necessitrtted

6. i{r- ar I learned counsels, perused t.he recr:rd and consicle reC Lhe rival submissions

7. rlll lrearing No.2O2 of 2O2O was rel3istt:red on

29.09 2i))'o on the basis of telugu writte n c:mFrlaint of responderr. No.2. Charge sheet is filed on 12.i)9.2022 agains;t lc:r:rrsed Nos. 1 to 5 for offences under Sr:ctit:ns 417, 42O, 49), :76(2)(nl, 313, 3.+2, 504, 506, 12O-ll, 1C9 read with Siei:t Lon 34 ol I.PC. On perusal of enttre reco:d, it is obsen'e, l t rat accused No. I rt'as married tc, ac,:ust,rd No.2, later rr ar-r'ied rcspondent No.2 on 21.12.2t)78 When compl ai n:. n . !\ras five months pregnant, she was t aken to 5 JAK, J CRLP l5l l0 2024 va-rious hospitals and at one of the hospitals, sex determination test was conducted and upon knowing that she was carrying a girl child, she was forced to abort. It is reflected from the record that on two occasions, abortion was forced by accused No.1 wittr help of accused No.2.

8. A statement is made in the complaint that other persons, who accompalied accused No.1, forced respondent No.2 into car bearing No.TS O5 EP 9300 and took her to Mohan Reddy's Hospital at Chityal, for getting her aborted. From the complaint and the record, it is not clear as to whether accused Nos.4 and 5 are the same persons against whom allegations are made in complaint' ln the absence of identity of the persons in the complaint or charge sheet, it cannot be held that accused Nos.4 and 5 are also facilitators in the said offences. g. When queried, learned counsel for petitioners stated that accused No.4 is a Doctor, accused No.S is the managing director of hospital and accused No.3 is a driver and submitted that accused Nos.3 to 5 are only named to harass 6 JAK, J i rRl.P l5 ll0 2024

10. No specific overt acts are attributed to accus:d Nos.3 to 5, nc,u'lu:re in the record, their identity is recor<led. It is not avr:rrrxl in the complaint or reflectec in tht' charge sheet as t: who are the doctors who carried the s,,canning or the :ea:rres of the doctors who got her abcrtecl, except statin g t.he name of the hospital. It is reflecte<i in the complaint that some other persons are involvec, ntr specific dates o:: nr,:nth is reflected. In the absence of suc. r details forthc:or:nirLg from record, continuance of iegal pror:eedings woulcl be an abuse o[ process of iaw. Proceedings against accuser:l \os.4 and 5 in PRC No. 19 of 202).2 on tlre ltle of District arLrl Sessions Judge, Yadadri Bhongir Disr rict, are liable tc trt: quashed and are accordingly quash,:d

11. Ar; lzl as accused No.3 is concerned. it is reflected in the rt:c,rrC that accused No.3 accompanied ac:uscd Nos.1 and ,1 .to zLll places. Appearance of accused No. I before District a.rLr1 Sessions Judge, Yadadri Bhongir Dir,;trict, in PRC N:.I!) ol 2022, can be dispenscrl uith and is accor,li tr€lly dispensed u'ith 7 JAK, J CRLP l5l t0 2024

12. Petitioner/accused No.3 shall file an allidavit that, he will not dispute his identity, that the proceedings can go on in his absence to be conducted by his counsel. Petitioner/accused No.3 shall not dispute the proceedings conducted in his absence. It is made clear that petitioner/ accused No.3 shall present himself when required by trial Court, if his presence is necessary. This order shall stand vacated automatically, if petitioner/ accused No.3 fails to attend the proceedings as and when required for by the trial Court. Any observations made in this order shall not have an influence or bearing on the trial Court while considering the case during trial or while conclud ing.

13. With the above observations, the Criminal Petition is partly allowed Miscellaneous applications pending, if any, shall stand closed SD/- MOHD.ISMAIL DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER l. Judicial First Class Magistrate, Ramannapet, Yadadri Bhongir To, 1 The Add District vsM/PSL {/&/

2. The Station House Officer, Ramannapet P.S., Rachakonda 3. One CC to SRl. CHALAKANT VENKAT YADAV Advocate [OpUCl 4. Two CCs to PUBLTC PROSECUTOR, High Court at Hyderabad (6UT) 5. Two CD Copies -- --,:..-q.:t-. 4:.:- I t tia- Ii.i ( IgJUN 2f iii 't /t ;o,1 ,;, HIGH COURT DATED: 1 7 ltl3l2025 + J o O ORDER \ CRLP.No,15110 of 2024 PARTLY rAil-LOWING THE CRIMINAL PETIT-ION M.,