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2021 Supreme(Telangana) 286

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
K. Sujatha – Appellant
Versus
The State of Telangana and Ors. - Respondents
Criminal Petition No.2630 of 2021 Along With I.A. No.3 of 2021
Decided on : 14-07-2021

Headnote:

Indian Penal Code, 1860 - Sections - 498A and 307 - Code of Criminal Procedure, 1973 - Section 482 - Offence of Harassment of women – Cruelty – Attempt to commit murder - Respondent No.2 and accused No.1 are wife and husband, while accused No.3 is her mother-in-law; their marriage was held as per Hindu rites and customs - Out of their wedlock, a male child was born named;at time of marriage, parents of respondent No.2 paid Rs.10.00 lakhs as dowry and spent approximately an amount of Rs.5.00 lakhs towards marriage expenses; after marriage, respondent No.2 and accused No.1 lived together happily for six months; after six months of their marriage, accused No.3 came to Hyderabad and started staying with them; since then, attitude of accused No.1 was changed towards respondent No.2 as accused No.3 started creating problems between them; accused No.3 and her son, accused No.1, used to comment on personality and colour complex of respondent No.2, and even accused No.1 used to nagging for additional dowry; accused No.3 used to say that some of her friends offered more dowry up to Rs.25.00 lakhs and she became giant to their life and asked her to give divorce; when respondent No.2 brought all said facts to notice of her husband, accused No.1, he kept quiet or else marriage would be dissolved - Accused No.3 and her son, accused No.1 used to demand her to transfer land of Ac.1.00 in the name of accused No.1; when accused No.1 lost his job, he and his mother used to think how to extract money from respondent No.2 to achieve their illegal demand, accused No.1 kept respondent No.2 in a room and locked out side for a day there was illegal affair between accused No.1 - Whether accused was absconding and why he was absconding, how he had managed with complainant to enter into a compromise etc – Held, proceedings against accused No.1 were quashed whereas decision rendered by Hon’ble Supreme Court in Laxmi Narayan - So, by date of quashing the proceedings against accused No.1, principle laid down by Apex Court in Laxmi Narayan was not in vogue and as such this Court has not considered the said principle while quashing proceedings against accused No.1 by recording compromise. In view of the same, the contention of the learned counsel for the petitioner that the proceedings were quashed against accused No.1 and, petitioner herein is also entitled for quashing the proceedings is unsustainable. - allegations against the petitioner herein are specific and serious in nature which will have impact on society - Thus, mere entering into compromise between the petitioner - accused No.2 and respondent No.2 herein is no ground to quash proceedings against accused No.2 - If at all petitioner is innocent of offences alleged against her, she has to prove same only during trial but not at this stage - Petitioner failed to make out any ground to quash proceedings against her - In view of same and also considering parameters laid down by Apex Court in Laxmi Narayan, Court is not inclined to record compromise and compound offences against accused No.2 in aforesaid PRC - Criminal Petition is also dismissed.

ORDER :

The present Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973, to quash the proceedings against the petitioner in P.R.C. No.6 of 2018 on the file of XV Additional District Judge, Ranga Reddy District at Kukatpally.

2. The petitioner herein is accused No.2 in the said P.R.C. The offences alleged against her are under Sections - 498A and 307 of IPC.

3. I.A. No.3 of 2021 is filed by respondent No.2 to record the compromise and compound the offences against accused No.2 and also quash the proceedings against her in the aforesaid PRC.

4. Heard Mr. Ambati Sudhakara Rao, learned counsel for the petitioner and Mr. Pole Vishnu, learned counsel for respondent No.2 and also learned Assistant Public Prosecutor appearing on behalf of respondent No.1 - State.

5. CASE OF PROSECUTION:

    i) respondent No.2 and accused No.1 - Sai Muralikrishna Adapa are wife and husband, while accused No.3 is her mother-in-law;

ii) their marriage was held on 24.08.2008 as per Hindu rites and customs. Out of their wedlock, a male child was born on 06.06.2009, named as Asis Krishna;

iii) at the time of marriage, parents of respondent No.2 paid Rs.10.00 lakhs as dowry and spent approximately an amount of Rs.5.00 lakhs towards marriage expenses;

iv) after marriage, respondent No.2 and accused No.1 lived together happily for six months;

v) after six months of their marriage, accused No.3 came to Hyderabad and started staying with them;

vi) since then, the attitude of accused No.1 was changed towards respondent No.2 as accused No.3 started creating problems between them;

vii) accused No.3 and her son, accused No.1, used to comment on personality and colour complex of respondent No.2, and even accused No.1 used to nagging for additional dowry;

viii) accused No.3 used to say that some of her friends offered more dowry up to Rs.25.00 lakhs and she became giant to their life and asked her to give divorce;

ix) when respondent No.2 brought all the said facts to the notice of her husband, accused No.1, he kept quiet or else marriage would be dissolved;

x) accused No.3 and her son, accused No.1 used to demand her to transfer the land of Ac.1.00 in the name of accused No.1;

xi) when accused No.1 lost his job, he and his mother used to think how to extract money from respondent No.2;

xii) to achieve their illegal demand, accused No.1 kept respondent No.2 in a room and locked out side for a day;

xiii) there was illegal affair between accused No.1 and the petitioner herein, accused No.2, a neighbourer;

xiv) as respondent No.2 is objecting their illegal affair, the petitioner herein and accused Nos.1 tried to kill her and her son number of times, but their attempts were in vain;

xv) accused No.3 being mother of accused No.1 did not object for such relationship between the petitioner and accused No.1;

xvi) on 12.12.2016, accused No.1 called respondent No.1 through telephone and shown repentance and asked her to come Ravindra Society, Madhapur, Hyderabad, on which, she along with watchman, David, went there. Respondent No.2 saw accused No.1 and the petitioner. Both approached her and the petitioner caught hold of her hands, while accused No.1 slapped on her checks and gave fisticuffs on her stomach. Then, opened the motor cycle petrol tank cap and poured some petrol on her with an intention to kill her with fire. However, her watchman resisted their offensive acts and rescued her from the hands of the petitioner and accused No.1; and

xvii) with the above allegations, respondent No.2 lodged a complaint with police against the petitioner and accused Nos.1 and 3.

6. On receipt of the said complaint, the police of Madhapur (Guttala Begumpet) Police Station registered a case in Crime No.782 of 2016, dated 13.12.2016 against the petitioner herein and accused Nos.1 and 3 for the offences under Sections 498A and 307 of IPC and Sections - 3 and 4 of the Dowry Prohibition Act, 1961, and took up for investigation.

7. After completion of investigation, the police filed char

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