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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
JUVVADI SRIDEVI
Deepthimahanthi Balaji Sai Raju – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. This Criminal Petition is filed by the petitioners-accused Nos.1 to 7 seeking to quash the proceedings against them in C.C.No.2788 of 2024 on the file of the learned IX Additional Metropolitan Magistrate at Kukatpally. The offences alleged against the petitioners are under Sections 498-A, 506 of the Indian Penal Code (for short ‘IPC’).
2. Heard Sri A. Ravinder Reddy, learned Senior Counsel representing Sri Jella Srikanth, learned counsel for the petitioners and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State-respondent No.1 as well as Sri Papaiah Peddakula, learned counsel for the unofficial respondent No.2. Perused the record.
3. In brief, the case of the prosecution is that the first wife of the petitioner-accused No.1 dead due to some health issues and the petitioner-accused No.1 had a son through his first wife. Thereafter, the marriage between the petitioner-accused No.1 and the respondent No.2 was solemnized on 09.11.2019. It is alleged that the petitioner-accused No.1 along with the petitioners-accused Nos.2 to 7 used to beat the respondent No.2 and harassed her both physically and mentally without providing any basic necessities. It is fu
The continuation of criminal proceedings against family members without specific allegations constitutes an abuse of process, necessitating precise evidence and clarity in matrimonial disputes.
Courts must exercise caution in marital disputes to prevent the misuse of legal provisions like Section 498-A, ensuring allegations are specific and substantiated before proceeding with criminal char....
In domestic violence cases, specific allegations against each accused are essential; generalizations without evidence cannot sustain prosecution.
Vague and omnibus allegations in dowry cases may constitute abuse of process, necessitating quashing of proceedings against innocent family members without specific charges.
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