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2025 Supreme(Online)(Tel) 22727

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Juvvadi Sridevi, J
Sridhara Surendra Babu – Appellant
Versus
The State of Telangana – Respondent
CRIMINAL PETITION No.2296 of 2024



Advocates:
For the Appellants/Petitioners: Raja Gopallavan Tayi
For the Respondents: M. Ramachandra Reddy

Criminal proceedings should be quashed under Section 482 Cr.P.C. when they are manifestly attended with mala fides or used as a weapon of harassment, evidenced by a pattern of repeated complaints on similar allegations and the complainant turning hostile in previous proceedings.

Headnote:The petitioners seek quashment of proceedings under Sections 498-A and 509 of the Indian Penal Code. The case involves allegations of harassment by the husband and in-laws against the respondent. The court noted that the respondent had filed four separate FIRs across different police stations on similar allegations, and in one such case, the petitioners were acquitted after the respondent turned hostile. The court examined whether the repeated filing of criminal complaints constitutes an abuse of the process of law. It was observed that the pattern of lodging multiple complaints and the respondent's conduct of turning hostile in a previous trial (C.C. No. 16 of 2021) clearly indicate mala fides and an intention to harass the petitioners rather than seek genuine redressal. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioners-accused Nos.1 to 3 in C.C.No.895 of 2023 on the file of VIII Additional Metropolitan Magistrate, Cyberabad, Medchal, are hereby quashed.

Table of Content
1. background of the matrimonial dispute and the specific charges under ipc. (Para 1 , 2 , 3)
2. contention regarding the abuse of process through multiple firs versus the need for a full trial. (Para 4 , 5 , 6)
3. identification of a pattern of harassment and mala fides based on multiple firs and hostile testimony. (Para 7 , 8 , 9)
4. exercise of inherent powers under section 482 cr.p.c to prevent abuse of the legal process. (Para 10 , 11 , 12)

O R D E R

This Criminal Petition is filed by the petitioners-accused Nos.1 to 3, seeking to quash the proceedings against them in C.C.No.895 of 2023 on the file of VIII Additional Metropolitan Magistrate, Cyberabad, Medchal (for short, the trial Court), registered for the alleged offences punishable under Sections 498-A and 509 of Indian Penal Code (for short ‘IPC’) in Crime No.176 of 2023 on the file of Dundigal Police Station, Cyberabad, Medchal-Malkajgiri District.

2. Heard Sri.Raja Gopallavan Tayi, learned counsel for the petitioners-accused Nos.1 to 3 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State. No representation on behalf of respondent No.2. Perused the record.

3. In brief, the prosecution case is that accused No.1 is the husband of respondent No.2 (the de-facto complainant), while accused Nos.2 and 3 are her mother-in-law and father-in-law respectively. Respondent No.2 married accused No.1, the son of accused Nos.2 and 3. Fifteen days after the marriage, the couple moved to the USA, where their two sons were born. It is alleged that thereafter accused No.1 began harassing respondent No.2 by physically assaulting and abusing her. The in-laws, relatives, and friends of accused No.1 allegedly encouraged such harassment. It is further alleged that accused No.3 outraged the modesty of respondent No.2. Consequently, respondent No.2 filed the present case alleging offences under Sections 498-A and 509 of the Indian Penal Code.

4. Learned counsel for the petitioners contended that respondent No.2 has falsely implicated the petitioners in the offences alleged under Sections 498-A and 509 of the Indian Penal Code. He submitted that respondent No.2 had earlier lodged a complaint dated 23.01.2020, which was registered as FIR No.8 of 2020 at P.S. IT Corridor, Cyberabad District, and that the XIII Additional Metropolitan Magistrate, Kukatpally, was pleased to acquit the petitioners of all the charges in C.C. No.16 of 2021.

(i) It is further contended that respondent No.2 again lodged a complaint on 14.09.2022, which was registered as FIR No.13 of 2022 at Disha Women U/G Police Station, Kadapa, and the same was taken cognizance as C.C. No.1716 of 2022 on the file of the Special Judicial Magistrate of First Class for Prohibition and Excise, Kadapa District. The High Court of Andhra Pradesh at Amaravati, in Crl.P. No.1412 of 2023, was pleased to grant interim stay of all further proceedings, including the appearance of petitioner Nos.2 and 3 before the trial Court in the said case.

(ii) Learned counsel further submitted that respondent No.2 thereafter filed a private complaint before the II Additional Judicial First Class Magistrate, Kadapa, pursuant to which FIR No.98 of 2023 came to be registered on 29.03.2023. He also contended that respondent No.2 lodged another complaint dated 01.03.2023, registered as FIR No.176 of 2023 on the file of Dundigal Police Station, Cyberabad, which was taken cognizance as C.C. No.895 of 2023 on the file of the VIII Additional Metropolitan Magistrate, Cyberabad at Medchal, for the alleged offences under Sections 498-A and 509 IPC.

(iii) Aggrieved thereby, the present Criminal Petition has been filed seeking quashment of the proceedings against the petitioners in C.C.No.895 of 2023 pending before the trial Court. It is further contended by the learned counsel for the petitioners that respondent No.2 has been repeatedly lodging complaints and registering FIRs at different police stations, fa

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