THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.9523 of 2021

ORDER:

This Criminal Petition is filed seeking to quash the proceedings in C.C.No.1527 of 2020, against petitioners, who were arrayed as accused Nos.2 to 5 on the file of the learned Special Judicial Magistrate of First Class, Karimnagar (for short “the trial court”) for the alleged offences punishable under Sections 498A, 506 IPC and Section 4 of DP Act.

2. The brief facts of the case are that the de facto complainant lodged a report on 07.06.2020 at 14:00 hours, stating that her marriage was performed with accused No.1 on 23.08.2000, at the time of marriage, Rs.2,00,000/- net cash, 10 tulas gold and other house hold articles were given towards dowry. They were blessed with one son and lead happy marital life for a period of 5 years. Thereafter, her husband/accused No.1 developed illegal intimacy with another woman and started harassing the complainant physically and mentally by demanding her additional dowry. In the year 2010, she lodged a complaint against her husband and the police concerned have conducted counseling and compromised the issue between them. Later, her husband again started harassing her by demanding additional dowry and also developed illegal intimacy with one Erra Bhagyavathi who is residing in a rented house. On 15.03.2019, her husband performed second marriage with Erra Bhagyavathi without the consent of complainant and the entire gold ornaments of the de-facto complainant were sold by her husband. When she questioned regarding second marriage with Erra Bhagyavathi, accused Nos.2 to 5 threatened her with dire consequences. In the year 2019, her husband purchased Breeza car on the name of his Erra Bhagyavathi and also came to know through neighbours that since 4 months, her husband did not pay the house loan and trying to sell the house. Hence, requested to take necessary action.

3. Heard Ms.E.R.Savithri, learned representing learned counsel for the petitioners.

4. Learned counsel for the petitioners submits that, the trial has already commenced before the learned trial court and it is at the stage of examination and sought to dispense with the appearance of the petitioners as well as seeks permission of this court with a liberty to file discharge petition before the trial court.

5. Recording the submissions of learned counsel for the petitioners, this Court without making any observation on merits or demerits of the case, this criminal petition is disposed of granting liberty to the petitioners to file appropriate application in accordance with law, before the trial Court seeking discharge and upon filing the same, the trial Court shall consider the said application on merits and pass appropriate orders as expeditiously as possible preferably within a period of three (03)

months thereon.

6. However, as sought by the learned counsel for the petitioners, the appearance of the petitioners-accused Nos.2 to 5 is dispensed with in C.C.No.1527 of 2020 on the file of the learned special Judicial Magistrate of First Class, Karimnagar, when represented by their counsel on record. The appearance of the petitioners-accused Nos.2 to 5 is dispensed with subject to filing an affidavit by the petitioners stating that in their absence, the proceedings conducted by their counsel will not be disputed by them in any manner and shall not dispute their identity also. However, the petitioners-accused Nos.2 to 5 shall appear before the learned trial Court as and when their presence is required, failing which, the interim relief granted by this court stands vacated automatically.

6. With the above directions, this Criminal Petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous applications pending in this petition, if any, shall stand closed.

_____________________

E.V.VENUGOPAL, J Date: 06.08.2025 szt/nsk