IMPORTANT POINT
Cruelty and dowry offences – Criminal prosecution cannot proceed on vague and omnibus allegations.

JUDGMENT

B.V. NAGARATHNA, J.

Leave granted.

2. Although respondent No.2 was served on 10.06.2025, there is no appearance on her behalf.

3. Being aggrieved by the order dated 20.02.2025 passed by the High Court for the State of Telangana at Hyderabad in Criminal Petition No.3995/2023, the appellants are before this Court.

4. Briefly stated, the facts of the case are that respondent No.2 herein is the complainant and appellant Nos.1 and 2 are the accused mother-in-law and father-in-law, respectively. Marriage between respondent No.2 and the son of the appellant(s), namely, Maram Kalyan, was solemnised on 12.08.2012 at L.B Nagar, Hyderabad. Out of wedlock, a girl child, namely Thanugnya Sri, was born on 01.11.2013.

5. On 04.03.2023, respondent No.2 filed a complaint with the SHO, Women P.S., Nalgonda alleging that at the time of the marriage, on the demand made by her husband and his family members, respondent No.2’s family had given Rupees Four Lakhs Fifty Thousand in cash, 9 tolas (90 gms.) of gold ornaments and domestic utensils. It was stated that respondent No.2 and her husband lived happily together for eight years. However, after the birth of their daughter, the husband of respondent No.2, influenced by the words of the appellant(s), sister-in- law and sister-in-law’s husband, started abusing her in vulgar language and used to beat her, demanding additional dowry of Rupees Four Lakhs. To resolve the matrimonial discord between the parties, a panchayat was convened on the request of respondent No.2 and her family. However, to respondent No.2’s dismay, her husband did not attend the panchayat meeting.

6. Thereafter, respondent No.2 filed a complaint with the SHO, Women P.S., Nalgonda pursuant to which, a counselling session for her husband and appellant(s) was conducted, wherein her husband assured that he would treat his wife and daughter well. Despite such assurances, respondent No.2 was severely beaten by her husband and his family, including the appellant(s) herein, who demanded additional dowry. In view of the foregoing circumstances, respondent No.2 was forced out of her matrimonial home. Furthermore, respondent No.2, for the past two years, was trying to contact her husband, but he did not respond to her phone calls, abandoning respondent No.2 and their daughter without any financial or emotional support.

7. Subsequent to the aforesaid complaint, on 04.03.2023, FIR bearing No.28/2023 came to be registered with P.S. Nalgonda Women P.S., District Nalgonda against six accused persons including the appellant(s) herein for the offences punishable under Sections 4 98A, 323, 504 read with Section 3 4 of the INDIAN PENAL CODE , 1860 (for short, “IPC”) and under Section 4 of the Dowry Prohibition Act, 1961 (for short, “DP Act”). On 18.03.2023, after completion of the investigation, the I.O., Women PS, Nalgonda, filed a chargesheet bearing No.38/2023 against the accused persons under Sections 4 98A, 323, 504 read with Section 3 4 of the IPC and under Section 3 and 4 of the DP Act. A case bearing C.C. No.338/2023 was committed to the Special Judicial First Class Magistrate (Prohibition and Excise Offence) at Nalgonda (for short, “trial court”).

8. The trial court, by its order dated 02.05.2023, took cognisance of the offences under Sections 4 98A, 323, 504 read with Section 3 4 of the IPC and under Section 3 and 4 of the DP Act alleged against respondent No.2’s husband and the appellant(s) herein.

9. Being aggrieved, the appellant(s) preferred a petition bearing Criminal Petition No.3995/2023 before the High Court under Section 482 of the Code of Criminal Procedure, 1973 (for short, “CrPC”), seeking quashing of the proceedings in C.C. No.338/2023 pending befo