THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.3971 of 2025

ORDER:

This Criminal Petition is filed by the petitioners – A2 to A4 to quash the proceedings against them in C.C.No.61 of 2024 on the file of the learned I Additional Junior Civil Judge – cum – IX Additional Metropolitan Magistrate, Kukatpally, Cyberabad, Rangareddy District. 2. The facts of the case as stated in brief are that a complaint dated 18.08.2023 at 16:30 hours has been registered on the file of Inspector of Police, WPS IT Corridor, Cyberabad, stating that complainant’s marriage was solemnized with A1. At the time of her marriage, her parents had given 54 tulas of gold, 4.5 kgs silver and Rs.35 lacks to the parents as dowry. After their marriage held on 22.11.2021, they went to Ahmedabad and lived there separately. It is further submitted that prior to their marriage, A1 was in relation with one Sonam Jitharval and was not interested marriage with the de facto complainant. It is further stated that A1 used to beat her, choke her neck and harass her physically and mentally and used to abuse her in filthy language and demanded an additional dowry of Rs.20 lakhs from her husband. It is further alleged that petitioners herein (A2 and A3), the parents of A1; and A4, his paternal uncle) also demanded additional dowry and threatened that she would otherwise be divorced.

Several panchayats were held, but the behavior of A1 did not change. Therefore, the de facto complainant lodged a complaint against A1 to A4.

3. Basing on the said complaint, FIR No.89 of 2023 was registered on 18.08.2023 for the offences under Sections 498-A of IPC and Section 4 of Dowry Prohibition Act.

4. Heard learned counsel for the petitioners, Ms. Madhavi, learned Assistant Public Prosecutor for respondent Nos.1 and 2 - State and Mr. B.Balaji, learned Amicus Curiae, appointed to respondent No.3 - de facto complainant.

5. Learned counsel for the petitioners submitted that at no point of time, the alleged allegations against the petitioners take place within Hyderabad, nor was the marriage between A1 and the de facto complainant solemnized at Hyderabad, except the fact that the de facto complainant belongs to Hyderabad. The complaint was filed before the Police Station, Gachibowli, WPS-IT Corridor, Cyberabad, and the same was registered as Crime No.89 of 2023 dated 18.08.2023. After investigation, the respondent police filed charge sheet on 09.10.2023 vide charge sheet No.96 of 2023 on the file of the learned I Additional Junior Civil Judge – cum – IX Additional Metropolitan Magistrate, Kukatpally, Cyberabad, for the offences under Sections 498-A, 420, 323, 504 and 506 of IPC and Section 4 of Dowry Prohibition Act. It is further submitted that none of the ingredients of the offences alleged are made out against the petitioners, and the allegations levelled are wholly bald and vague in nature. It is an admitted fact that the petitioners arrayed as accused Nos.2 to 4 have never resided with A1 and the de facto complainant during the subsistence of their marriage. It is further submitted that A1 is the son of petitioner Nos.2 and 3. A4 is the paternal uncle of A1. It is further submitted that neither marriage took place in Hyderabad nor do the allegations in the complaint disclose that any act constituting the alleged offences occurred at Hyderabad. Therefore, the registration of the complaint by the respondent Police, without any application of mind and in the absence of territorial jurisdiction, is unsustainable, as no part of the cause of action within the jurisdiction of learned I Additional Junior Civil Judge - cum - IX Additional Metropolitan Magistrate, Kukatpally, Cyberabad. It is further submitted that on a bare perusal of the complaint or charge sheet, no where it is stated that the petitioners resided or lived with A1 and the de facto complainant. The entire allegations are exclusively against A1. Except the allegation that A1 is in relationship with one Ms.Sonam Jithirwal