THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.2432 of 2025

ORDER:

This criminal petition is filed seeking to quash the proceedings in C.C.No.384 of 2023 on the file of XI Additional Metropolitan Magistrate at Cyberabad, against the petitioners- accused Nos.2 to 4, for the offences under Sections 420, 468, 471 and 498-A of Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short ‘DP Act’).

2. Heard Mr.Md.Arshad Ahmed, learned counsel for petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State and Mr.T.Prathyumna Kumar Reddy, learned Senior Counsel representing Mr.T.S.Anirudh Reddy, learned counsel for respondent No.2.

3. Learned counsel for the petitioners submitted that there are no specific allegations against the petitioners, and that the complainant herself has stated that she never stayed with the husband's relatives, was never introduced to the family members or relatives, and that there are no averments to attract the ingredients of Section 498-A of the IPC against the petitioners. Hence, he prayed to quash the proceedings against the petitioners.

4. Learned Senior Counsel for respondent No.2 submitted that accused No.1 had concealed his previous marriage and falsely stated that he had obtained a divorce from his wife through a khulanama, and thereafter entered into marriage with the de facto complainant. However, the said khulanama was found to be a fake document during the course of investigation. Therefore, accused No.1 entered into the marriage with a dishonest intention towards the de facto complainant, which amounts to a serious offence and attracts the ingredients of Section 420 of the IPC. Since a fabricated document was used, the offences under Sections 468 and 471 of the IPC are also attracted. Hence, he prayed to dismiss the petition.

5. Perused the record. The recitals of charge sheet do point out the allegations under Sections 420, 468, 471 and 498-A of IPC and Sections 3 and 4 of DP Act. The veracity of witnesses and the truth in the allegations shall fall for consideration during the course of trial. Hence, it is deemed appropriate to dispose of the petition by dispensing with the presence of the petitioners before the trial court provided that they are represented by a counsel before the trial court on every date of hearing and shall appear before the trial court whenever their presence is required during the course of trial.

6. Accordingly, the Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

_____________________________

JUSTICE TIRUMALA DEVI EADA Date: 23.09.2025 lk