IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUVVADI SRIDEVI
Halaveth Sukumar – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in C.C.No.3424 of 2022 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 417, 420 of Indian Penal Code (for short ‘IPC’).
2. Heard M/s. K.Sai Babu, learned counsel for the petitioner-accused and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State. There is no representation on behalf of respondent No.2. Perused the record.
3. The case of the prosecution, in brief, is that the respondent No.2 got married to a person and having 2 children. In 2015, she got separated from her husband without divorce and started living alone at Manikonda and surviving by working as a beautician. While so, the accused person got acquaintance with the respondent No.2 and exchanged phone numbers and were in live in relationship, promising that he will marry her and when asked to fulfill the promise made by him he denied to marry and stopped responding to calls made by the respondent No.2. Respondent No.2 filed a complaint against the petitioner and a case in Crime No.352 of 2022 of Banjara Hills Police Station was r
The court found that allegations of cheating were unfounded as the complainant misrepresented her marital status while the relationship was consensual, reinforcing the principle that misuse of legal ....
Cheating – Long duration of physical relationship between partners without protest and insistence by female partner for marriage, would be indicative of a consensual relationship.
Prolonged consensual relationships cannot retrospectively be deemed deceitful, as invoking criminal law for personal disputes amounts to abuse.
Rape, cheating and stalking – Criminal case cannot be quashed when there are serious factual disputes.
Allegations of misleading promises for sexual relations post-divorce raise substantive claims which require factual adjudication, precluding dismissal under Section 482.
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