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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J.SREENIVAS RAO
B.Gayathri – Appellant
Versus
B. Jagan Mohan Rao and Other – Respondent
| Table of Content |
|---|
| 1. details of the criminal complaint and proceedings. (Para 1 , 2) |
| 2. court observations on the adequacy of allegations. (Para 3 , 7) |
| 3. petitioner's defense and arguments against the complaint. (Para 4) |
| 4. respondent's counterarguments and justifications. (Para 5 , 6 , 10) |
| 5. legal tests for offences under ipc sections 504 and 506. (Para 8 , 9) |
| 6. conclusion quashing the proceedings against the petitioner. (Para 11 , 12) |
ORDER :
J. SREENIVAS RAO, J.
This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioner-accused seeking to quash the proceedings against her in C.C.No.1567 of 2018 on the file of learned IV Additional Chief Metropolitan Magistrate at Hyderabad, for the offences under Sections 504 and 506 of Indian Penal Code, 1860 (for short ‘IPC’).
2. The brief facts of the case are that on 26.06.2018, the de facto complainant filed complaint stating that on 14.04.2018, between 7:00 PM and 7:30 PM, the petitioner came to his apartment and asked to meet him to discuss some apartment-related issues, as he is the secretary of the apartment and the watchman informed her that the he was not available at that time and that he would be available only in the mo
Vague allegations without specifics cannot constitute offenses under Sections 504 and 506 IPC; the continuation of such proceedings amounts to abuse of process.
Continuation of proceedings is not justified where allegations do not substantiate the charges, indicating potential abuse of process.
Quashed proceedings for lack of ingredients in Ss.294(b), 506(i), 323 IPC due to trivial cross-allegations and no proof of annoyance, real threat, or hurt.
Insufficient evidence does not substantiate allegations under Sections 294(b) and 506(1) IPC, leading to the quashing of proceedings against the accused.
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