IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI
Jana Robert Clive and 2 others – Appellant
Versus
The State of Telangana and another – Respondent
CRLP 6767/2022
THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.6767 of 2022
O R D E R
This Criminal Petition is filed by the petitioners-accused Nos.1 to 3 seeking to quash the proceedings against them in C.C.No.2292 of 2022 on the file of the learned V Additional Metropolitan Magistrate, Cyberabad at LB Nagar. The offences alleged against the petitioners are under Sections
498-A of the Indian Penal Code (for short ‘IPC’).
02. Heard Sri Prakash Chakravarthy, learned counsel for the petitioners-accused Nos.1 to 3 and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State. No representation on behalf of the unofficial respondent No.2.
Perused the record.
03.1. In brief, the case of the prosecution is that on
21.05.2006 the complainant got first marriage with one Sonti Srinivas and she blessed with a daughter by name Sindusri on 10-11-2010. She came to know that her husband Sonti Srinivas developed illegal intimacy with other ladies. For which, there were some disputes arose between them and leaved her husband and stayed at her parental house along with her daughter situated at Kothur village, Kandukur Mandal, Rangareddy District.
03.2. While she was staying with her first husband, she got friendship with the petitioner-accused No.1 who was her neighbor. They developed love and got married on 26.02.2015 at Velankini Church in presence of his brother-in-law Vinay Kumar and his wife, her daughter Kum.Sindhusri as per the Christian rites and customs.
03.3. After marriage, she joined with her husband in conjugal life and stayed in different places in rented rooms at Uppal and Chennai, thereafter they again came to Hyderabad and stayed in a rented room at Gayathrinagar, Jillelguda Hyderabad from 2017 to August 2021. After marriage, he looked after her well for some days, later the accused No.1 started harassing her mentally and physically and forced her to give divorce to her first husband.
03.4. Due to his harassment, she asked her first husband for mutual divorce, but he did not accept to give divorce. For which, the petitioner-accused No.1 increased his harassment and picked up quarrel with her several times and beat her frequently. One day he picked up quarrel with her and left from the house without intimation. Since then, she do not know the whereabouts of the petitioners-accused No.1.
03.5. On which, she questioned her in-laws i.e. the petitioners-accused Nos.2 and 3 about the petitioner-accused No.1, but they abused her in filthy language and advised her to go and join with her first husband. They completely supported the petitioner-accused No.1 in harassing her. Thus, she requested for necessary action against the petitioners-accused.
04. Learned counsel for petitioners submitted that the petitioners are nothing to do with the alleged offences and that they never harassed the respondent No.2. The petitioner- accused No.2 is the mother, the petitioner-accused No.3 is the father of the accused No.1. The petitioners-accused Nos.2 and 3 are aged about 62 and 72 years, respectively. The petitioners-accused Nos.2 and 3 never interfered in the matrimonial issues of the respondent No.2 and the accused No.1. There are no specific allegations against the petitioners- accused Nos.1 to 3. The respondent No.2 concealed her first marriage and married the petitioner-accused No.1. Later on, the petitioner-accused No.1 came to know about the first marriage of the respondent No.2 and suffered mental depression. The contents of the complaint or charge sheet do not disclose the required ingredients to attract the offence under Section 498-A of IPC. Hence, he prayed to quash the proceedings against the petitioners-accused Nos.1 to 3.
05. Learned Assistant Public Prosecutor for the State submitted that there are specific allegations against the petitioners and the truth or otherwise would come out only after conducting trial by the concerned Court and prayed to dismiss this Criminal Petition.
06. A bare perusal of the contents of the charge shee
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