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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
State of Telangana rep. by its Public Prosecutor – Appellant
Versus
State of Telangana rep. by its Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. initiation of proceedings under cr.p.c. (Para 1 , 3) |
| 2. arguments regarding the applicability of ipc sections (Para 4 , 5) |
| 3. court's analysis of allegations against the petitioner (Para 6 , 7 , 8 , 9 , 10) |
| 4. lack of prima facie case against the petitioner (Para 11) |
| 5. quashing of proceedings against the petitioner (Para 12 , 13) |
ORDER :
Tirumala Devi Eada, J.
1. This Criminal Petition is filed under Section 482 of The Code of Criminal Procedure (for short, ‘Cr.P.C) seeking to quash the proceedings against the petitioner/accused No.2 in C.C.No.6343 of 2021, on the file of the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sections 498A, 354D, 427 and 506 of IPC.
2. Heard Sri Pradyuman Kaistha, learned counsel who argued on behalf of Sri J.Sridhar, learned counsel on record for the petitioner/accused No.2 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.
3. The case of prosecution is that the petitioner is a girl friend of the accused No.1 and that she along with accused No.1 harassed the defacto complainant for want of additional dowry,
A girlfriend cannot be deemed a relative under Section 498A, and without specific allegations, there is no prima facie case for stalking, mischief, or intimidation against the petitioner.
Vague allegations without supportive evidence do not sustain charges under IPC; a girlfriend is not a relative under Section 498A IPC.
A woman cannot be alleged to have committed offence under Section 354D IPC.
Proceedings against relatives in dowry cases must allege specific conduct; general allegations fail to establish a prima facie case.
Point of law: Dowry harassment - Allegation of instigation against family member of A1 - If FIR did not disclose the commission of an offence Court would be justified in quashing the proceedings prev....
The court reinforced that for adding accused in dowry cases, specific allegations must be made; general accusations are insufficient to proceed.
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