THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10541 of 2025

ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused seeking to quash the proceedings against him in C.CNo.2689 of 2025 on the file of learned XV Additional Chief Metropolitan Magistrate at Hyderabad, registered for the alleged offences punishable under Sections 498-A, 106, 506 of the IPC and Section 3(1) of DP Act.

2. Heard Sri P.Vamsheedhar Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1-State. In spite of service of notice on respondent No.2, there is no representation on behalf of respondent No.2.

3. Learned counsel for the petitioner submitted that the allegations under Section 498-A IPC are not attracted in the present case and that a false complaint has been filed against the petitioner. He further submitted that even as per the contents of the complaint, there is no specific allegation of harassment against the petitioner, and in the absence of the essential ingredients constituting the offence under Section 498-A IPC, continuation of the proceedings amounts to abuse of process of law. Hence, he prayed to quash the proceedings against the petitioner.

4. On the other hand, the learned Additional Public Prosecutor submitted that the contents of the complaint do point out that specific allegations were levelled against the petitioner. He further submitted that de-facto complainant taking shelter in her elder sisters house and petitioner never looked after her and her children with love and affection. He prayed to dismiss the petition.

5. Perused the record.

6. It is revealed that as per the contents of the complaint, the Section 161 Cr.P.C. statements of LW.1/ victim and the statements of third-party witnesses, the allegations indicate that the de-facto complainant was residing at her sister’s house, was not taken into the matrimonial home by the petitioner, was not paid any maintenance, and was not looked after by the petitioner. These allegations, even if taken at face value, do not prima facie attract the ingredients of the offences under Sections 498-A, 106, and 506 of the IPC, and Section 3(1) of the DP Act. Therefore, continuation of process of law.

7. Accordingly, the Criminal Petition is allowed. The the file of learned XV Additional Chief Metropolitan Magistrate at Hyderabad, are hereby quashed.

Miscellaneous Petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dated:04.09.2025 gv