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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.Sreenivas Rao
Kothakapu Babitha Lokhitha – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. identification of the parties and nature of complaint. (Para 1 , 2) |
| 2. arguments regarding the charges and defence. (Para 5 , 6) |
| 3. court's observations on evidence and application of law. (Para 7 , 8 , 9 , 10 , 11) |
| 4. criteria for quashing proceedings under section 482. (Para 12) |
| 5. final ruling based on merits of the case. (Para 13) |
ORDER :
This Criminal Petition has been filed under Section 4 82 of the Code of Criminal Procedure, 1973 , by the petitioners/accused Nos.4 to 6 seeking to quash the proceedings in C.C.No.5511 of 2020 on the file of the V Additional Metropolitan Magistrate, Cyberabad at L.B.Nagar, Ranga Reddy District, registered for the offences punishable under Sections 4 98-A and 506 of the Indian Penal Code, 1860 (for short, ‘the IPC ’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short, ‘the D.P. Act’).
Respondent No.2/de facto complainant lodged a complaint on 08.10.2020 stating that her marriage was performed with accused No.1 on 28.02.2019 and that at the time of marriage, her parents had given Rs.30 lakhs towards dowry. After the marriage, she joined the company of the accused at her marital home. At the instigation of accused No
The court quashed proceedings against distant relatives under IPC and Dowry Prohibition Act, finding insufficient evidence to sustain charges.
General allegations against family members in dowry cases require specific acts to justify cognizance; otherwise, such proceedings may be quashed as an abuse of legal process.
The absence of specific allegations against a distant relative implicated in dowry-related offences warrants quashment of proceedings as it constitutes an abuse of the legal process.
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