Back
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
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, committed stalking by fixing an electronic device in her car and threatened her.
4. Learned petitioner’s counsel submits that accused No.1 is the husband of the de facto complainant and that the petitioner herein is alleged to be a girl friend of accused No.1. He further submitted that the only allegation against the petitioner herein is that she
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....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
