THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3302 OF 2025

ORDER:

This Criminal Petition is filed under Section 528 of BNSS by the petitioner/accused to quash the proceedings in C.C.No.1671 of 2024 pending on the file of the II Additional Junior Civil Judge-cum-X Additional Judicial Magistrate of First Class, Ranga Reddy District, Kukatpally, for the offences punishable under Sections 493 and 420 of IPC.

2. Heard learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1 – State.

3. The de facto complainant/2^nd respondent lodged a complaint against the petitioner before the Gachibowli Police Station as follows:

“I state that I am residing at above address and working as Software Engineer and leading my life. Zeeshan S/o. Mohammed Mujeeb person is known to me from child hood onwards. This person when I was studying in school met him in the Science Fest. After wards Engineering we both have Studied in BVRIT College. After Engineering regarding job purpose I am staying at Vinayaknagar Sri Sai CK Womens PG & Hostel and at Madhapur Mindspace working at Company named Open Text as a Software. Zeeshan Person after Engineering working at Amazon Company at Kokapet and Travels from Sangareddyfrom his home to Office. After that this Zeeshan mujeeb named person in the year 2021 on Social Media Platform he has proposed me.what is that is he is loving me and he will marry me and some emotional messages were sent by him. This person Zeeshan said that I will marry you by believing his words I stayed with him in relation. After that this person talked me on phone and said we will meet after meeting this Zeeshan named Person said "You are my wife and I will marry you" by believing me. After that met with me physically. By this Zeeshan named person met me physically in the year 2022 November 22 JV Colony, My Home Suite met Zeeshan Physically. After that he forced me to come to tour with him in 2022 December went to Goa 3 Days. At that movement also Zeeshan met me Physically After that this Zeeshan named Person on December 29, 2022 in Fair Field by Marriott, Gachibowli Hotel Booked Room and met me Physically.

After Some days my parents were of my marriage, this thing I have said to Zeeshan at present he not listened to my words and kept that on side. He is not lifting my calls and not replying to my messages. By this way he said that he is loving me and will marry me and met physically and cheated me the person named Zeeshan Mujeeb and requested to enquire on Zeeshan Mujeeb. This Zeeshan Named person in recent engaged to another person got known.”

4. The Hon’ble Supreme Court in the case of Ram Chandra Bhagat v. State of Jharkhand, (2013) 1SCC 562 held that to prove the offence under Section 493 of IPC, two ingredients have to be satisfied i.e. (1) deceit causing a false belief of existence of a lawful marriage and (2) cohabitation or sexual intercourse with the person causing such belief.

5. In the present case, the allegation made by the de facto complainant/2^nd respondent is that the petitioner promised that he would marry her and she is only his wife. However, the said statement itself does not attract Section 493 of IPC which is ‘deceit causing a false belief of existence of lawful marriage’. Apart from saying that the 2^nd respondent would be his wife, there are absolutely no acts which are alleged by the de facto complainant to believe that there was any lawful marriage. When there is nothing on record to believe the existence of lawful marriage between the petitioner and 2^nd respondent, the ingredients of Section 493 of IPC does not arise.

6. This Court is not inclined to delve into the facts to ascertain whether there was an act of deceit to attract an offence under Section 420 of IPC. In the present facts of the case, an offence under Section 493 of IPC is not made out and the trial Court shall frame charge under Section 420 of IPC and decide the case on the basis of the e