ORDER:

The Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’), is filed to quash the proceedings in C.C.No.193 of 2021 on the file of the Judicial Magistrate of First Class, Jaggaiahpet.

2. Basing on a report lodged by 2nd respondent/

defacto complainant, a case in crime No.601 of 2020 of Vastavai police station was registered. Police, after completion of investigation, filed charge sheet as against the petitioners/A.1 to A.4 for the offence punishable under Section 498A of the Indian Penal Code,1860 (for short, ‘IPC’). The allegations, in brief, of the charge sheet are as follows.

2nd respondent married 1st petitioner/A.1 and they were leading marital life in Road No.10, Banjara Hills, Hyderabad along with parents-in-law. 1st petitioner was doing real estate business. Her parents-in-law abused her for her infertility. 1st petitioner used to come in drunken state and harass her mentally and physically. He demanded more money from her parents. 4th petitioner, who is her adapaduchu, was residing opposite to their house and used to visit her house frequently and abuse her on minor issues, and tried to beat her and shouted to go to house of her parents. When she consulted a Doctor for her infertility, it came to light that there is some defect in 1st petitioner. Inspite of the same, she bore all the harassment from the petitioners. 1st petitioner came in a drunken state, beat her and necked out her from the maternal house. On that, she came to house of her parents. A mediation was held in the presence of elders from both the sides and it was decided that the couple shall live separately and 1st petitioner gave her Rs.5.00 lakhs towards compensation in January, 2015. In February, 2015, 1st petitioner mediated with her sister Meera Bee and her husband AlliSaheb stating that he would look after her well, and believing the same, she joined matrimonial home with 1st petitioner in February, 2015 and 1st petitioner took back Rs.5.00 lakhs given by him. He looked after her well for some days, but he started coming late in the night and when she questioned, he used to beat her. Due to happening of quarrels frequently, she called her parents to discussions, and on that, 2nd petitioner (father-in-law) told them to take her back to their house. On that, her parents took her on 23.12.2019 to their house. Thereafter, nobody called visited her nor made any call to her. Hence, the report.

3. Learned counsel for the petitioners contended that even if the allegations in the charge sheet are accepted as true and correct, no prima facie case for the offence alleged is made out as against the petitioners. It is his submission that at the instance of 2nd respondent, a Khulanamaissued by the Government Khazi and registered with Telangana State Waqf Board, was obtained and the couple was separated and it amounts to divorce, and 1st petitioner gave Rs.5.00 lakhs towards settlement, and hence, continuation of the impugned proceedings is nothing but abuse of process of Court.

4. On the other hand, learned Special Assistant Public Prosecutor appearing for 1st respondent contended that there are specific accusations as against the petitioners, and the contentions raised by the learned counsel for the petitioners are all disputed questions of fact, which have to be decided during the course of trial, and hence, there are no grounds to quash the impugned proceedings.

5. Heard. Perused the record.

6. The allegations are that 2nd respondent and

1st petitioner/A.1 wife and husband. Petitioners 2 and 3 are her parents-in-law and 4th petitioner is sister of 1st petitioner. It is alleged that the couples were residing in Road No.10, Banjara Hills, Hyderabad along with parents-in-law. 1st petitioner was doing real estate business. There is specific allegation that her parents- in-law abused her for her infertility. There is specific accusation that 1st petitioner used to come in drunken state and harass her mentally and physicall