SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Telangana) 370

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN, J.
Alikanti Srujan – Appellant
Versus
The State of Telangana – Respondent
Criminal Petition Nos.6847, 6874 of 2020
Decided on : 31-08-2021

Advocates:
Advocate Appeared:
For the Appellant : P. VISHNUVARDHANA REDDY

Headnote:

Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Sections - 498A, 420 and 323 - Dowry Prohibition Act, 1961 - Sections - 3 and 4 – Cruelty and Cheating - Quash of proceedings - Marriage of respondent No.2 -de facto complainant with accused No.1 was performed - Accused No.2 and 3 are in-laws of respondent No.2, while accused No.4 is her brother-in-law and accused No.5 is wife of accused No.4. Accused No.6 is mediator to said marriage, and maternal uncle of accused No.1 - Whether he loved her, for which he denied. On next day, respondent No.2 left to her office and had taken cell number of Divya from accused No.1 and made phone call to Divya, who told her that accused No.1 has tragedy before marriage, hope that he is now OK, disconnected the call and informed same to accused No.1 - Held, When a prayer for quashing FIR is made by alleged accused, court when it exercises the power under Section 482 Cr.P.C., only has to consider whether or not the allegations in FIR disclose commission of a cognizable offence and is not required to consider on merits whether allegations make out a cognizable offence or not and the court has to permit the investigating agency/police to investigate allegations in FIR - Criminal Petition No.6847 of 2020 is accordingly allowed and Criminal Petition No.6874 of 2020 is allowed in part.

ORDER :

Criminal Petition No.6847 of 2020 is filed by accused Nos.4 and 5 under Section - 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings in C.C. No.6307 of 2019 on the file of V Additional Chief Metropolitan Magistrate, L.B. Nagar, Cyberabad, whereas Criminal Petition No.6874 of 2020 is filed by accused Nos.2, 3 and 6 to quash the proceedings against them in the said C.C.

2. The petitioners in Criminal Petition No.6847 of 2020 are accused Nos.4 and 5, while the petitioners in Criminal Petition No.6874 of 2020 are accused Nos.2, 3 and 6. The offences alleged against them are under Sections - 498A, 420 and 323 of IPC and Sections - 3 and 4 of the Dowry Prohibition Act, 1961.

3. Heard Mr. P. Vishnuvardhana Reddy, learned counsel for the petitioners, and Mr. V. Ramesh Kumar, learned counsel appearing on behalf of respondent No.2 and learned Assistant Public Prosecutor appearing on behalf of respondent No.1 - State in both the Criminal Petitions.

4. As per the charge sheet, allegations against the petitioners are as under:

i) The marriage of respondent No.2 -de facto complainant with accused No.1 was performed on 05.12.2015.

ii) Accused No.2 and 3 are in-laws of respondent No.2, while accused No.4 is her brother-in-law and accused No.5 is wife of accused No.4. Accused No.6 is mediator to the said marriage, and maternal uncle of accused No.1.

iii) At the time of marriage, on the demand of accused No.1 and his parents, the parents of respondent No.2 gave cash of Rs.2.00 lakhs and presented 15 tulas of gold, 2 tulas of gold to accused No.1, house-hold articles and 1½ acre of agricultural land at Sitharampuram Village, Huzurnagar Mandal, Suryapet District.

iv) After marriage, respondent No.2 joined the company of accused No.1 at her marital home in Khammam, and stayed along with accused Nos.1 to 5 for 4-5 days, and later, they shifted to Hyderabad. After one week, accused Nos.4 and 5 left for UK. Respondent No.2 and accused No.1 started living in a rented house at Habsiguda.

v) Within a week, accused No.1 started harassing respondent No.2, both physically and mentally on silly issues, such as making comments in the presence of relatives that respondent No.2 does not know cooking properly, not allowing her to speak with her parents and that she should speak to accused No.3 alone etc., the details of which have been mentioned in the charge sheet.

vi) Accused Nos.2 and 3, in-laws, also harassed respondent No.2 saying that she did not know cooking. Further, whenever, her in-laws visits their house, accused No.1 used to tell lies against her, on which, her in-laws used to abuse her.

vii) Later, respondent No.2 came to know that accused No.1 had already married to one Deepika on 25.12.2013 at Arya Samaj, Delhi.

viii) Accused No.1 went to Singapore on work Visa. Then the things became worse and during the said period, respondent No.2 gave birth to a female child on 15.10.2016. After return on Work Visa, they took a rented house at Hastinapuram and used to stay there. When she questioned about the first marriage, accused No.1 used to quarrel with her. After some time, accused No.1 has become jobless and addicted to bad vices. As respondent No.2 was unable to bear the harassment meted out by accused No.1, she left the house and started residing with her parents.

ix) Accused No.1 lodged a complaint against respondent No.2 at Rajendra Nagar Police Station for not leading marital life, on which, the police held counseling between the parties. After some days, again accused Nos.1 to 3 started harassing respondent No.2 both physically and mentally. Accused Nos.4 to 6 knowing fully well about the first marriage of accused No.1, concealed the same and cheated respondent No.2. Thus, all the accused are liable to be prosecuted for the aforesaid offences.

5. On receipt of the charge sheet, the learned Magistrate has taken the same on file vide C.C. No.6307 of 2019 for the aforesaid offences against the accused including the

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon Back to top