THE HON'BLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITIO N No.8722 of 2021

ORDER :

The present criminal petition is filed by the petitioners/A4 to A6 under Section 482 of Cr.P.C., seeking to quash the proceedings in CC No.2138 of 2021 on the file of the learned III Metropolitan Magistrate at LB Nagar.

2. Heard Sri V.Yadu Krishna Sainath, learned counsel for the petitioners, Sri E.Ganesh, learned Assistant Public Prosecutor for the respondent No.1/State and Potakani Satyanand, learned counsel for the respondent No.2.

3. As per orders dated 15.12.2021 in IA No.2 of 2021, the prayer portion of the petition was modified by inserting CC No.2138 of

2021 in the place of CC No.2133 of 2021.

4. The brief facts of the case are that the parents of the 2^nd respondent paid a dowry of Rs.5,00,000 in cash, 15 tulas of gold for the 2^nd respondent and 3.5 tulas of gold for her husband (A1), in exchange for her marriage to accused No. 1. This alliance, however, was formed by concealing the ill-health of the accused No.1 and the fact that multiple criminal cases were pending against him. After the marriage, accused No. 1 began harassing the 2^nd respondent both physically and mentally with the help of other accused, demanding additional dowry. Although the 2nd respondent and her family agreed to arrange an additional amount of Rs.10,00,000/- from her father’s retirement benefits, the harassment persisted. As a result, the 2^nd respondent relocated to her parental home and lodged a complaint. Consequently, FIR No.71 of 2021 was registered at PS, Medipally against the accused, alleging offences under Sections 498-A, 323, and 506 of the IPC, as well as Sections 3 and 4 of the Dowry Prohibition Act. Following investigation, a charge-sheet was submitted and accepted by the trial Court, initiating formal criminal proceedings.

5. The petitioners, who are the relatives of the accused No. 1, have filed this criminal petition to quash the impugned proceedings, arguing that the FIR, charge-sheet, and witness statements fail to disclose any overt acts attributed to them. They contend that they were included merely to exert pressure on the primary accused’s family and to resolve disputes unrelated to any wrongdoing on their part. The petitioners emphasize that they live separately from the couple and have no involvement in their daily affairs or conflicts. They also point out that civil suits and a divorce petition are already pending between the spouses, and that the allegations levelled against them are vague and omnibus in nature, making them insufficient to warrant criminal proceedings.

6. The learned counsel for the petitioners submitted that roaming around the criminal Courts is causing physical and mental agony to the petitioners and hence, their appearance before the trial Court, in connection with CC No.2138 of 2021, may be dispensed with.

7. Learned Assistant Public Prosecutor and the learned counsel for the respondent No.2 have opposed the present criminal petition and also the request of the learned counsel for the petitioners to dispense with their presence before the trial Court.

8. Having regard to the submissions made by the respective learned counsel, this Court, without making any observations on the merits and demerits of the case, is inclined to dispense with the presence of the petitioners before the trial Court. Accordingly, the appearance of the petitioners/A4 to A6 in connection with CC No.2138 of 2021 before the Court of the learned III Metropolitan Magistrate at LB Nagar is hereby dispensed with unless and until the same is required by the said Court. When the presence of the petitioners is required before the trial Court, they have to appear either in person or through their respective learned counsel and to file an affidavit to this effect before the trial Court. Any deviation in this regard leads to cancellation of the relief granted herein with regard to dispensation of the appearance of the petitioners before the trial Court.

9. With the ab