THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.10327 OF 2023

O R D E R:

The present Criminal Petition is filed seeking to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.88 of 2019 on the file of the learned Judicial Magistrate of First Class, Medak for the offences punishable under Section 498-A of Indian Penal Code, 1860 (for short, “IPC”) read with Sections 3 and 4 of Dowry Prohibition Act, 1961.

2. Heard Mr.Eranki Phani Kumar, learned counsel for the petitioners and Mr.Rudresh Deshpande, learned Assistant Public Prosecutor appearing for respondent No.1-State.

3. The brief facts of the case are that the marriage between petitioner No.1 and respondent No.2 was performed on 18.07.2019 as per Hindu rites and customs. Respondent No.2 stated that, at the time of marriage her parents gave Rs.8,00,000/- net cash as dowry, Rs.3,00,000/- as formalities; that they were blessed with three (3) children out of their wedlock. Respondent No.2 further stated that petitioner No.1 used to consume alcohol and came home late night; that when she questioned him about the same he used to scold her and beat her; that her husband never changed his attitude and harassed her for want of additional dowry; that her mother-in-law and father-in-law also subjected her to cruelty and harassment. As respondent No.2 was unable to bear such harassment, she left her matrimonial home and started living with her parents. Basing on the said facts, the present crime is registered against petitioner No.1 and his parents for the aforesaid offences.

4. Learned counsel for the petitioners submits that respondent No.2 had filed multiple complaints against him. Firstly, the present crime No.88 of 2019 for the offence punishable under Section 498-A of I.P.C read with Sections 3 and 4 of the Dowry Prohibition Act; secondly, Crime No.173 of 2023 before the Station House Officer, Malkajgiri Police Station for the offence under Section 498-A of I.P.C.; thirdly, the present Crime No.400 of 2023 for the offences punishable under Sections 498-A, 406, 379 of IPC and Sections 66 and 72 of IT Act.

5. He submits that respondent No.2 had got registered multiple F.I.R.s against the petitioner herein and others. Relying on the decision passed by the Hon’ble Supreme Court in T.T.Antony Vs. State of Kerala and Others1, he submits that

(2001) 6 Supreme Court Cases 181

except in exceptional circumstances, second F.I.R. cannot be registered for the same offence; with same cause of action and seeks to allow this Criminal Petition.

6. Opposing the same, learned Assistant Public Prosecutor contends that once investigation is complete, charge sheet has been laid before the Magistrate concerned; that as the offences alleged against the petitioner are continuing, respondent-Police had registered subsequent F.I.Rs. Therefore, he submits that interference of this Court, at this stage, in not warranted and seeks to dismiss this Criminal Petition.

7. This Court vide order dated 17.10.2023 dispensed with the appearances of petitioner Nos.2 and 3/accused Nos.2 and 3, before the trial Court.

8. It is pertinent to mention here that F.I.R.No.88 of 2019 is the initial F.I.R. registered against the petitioners herein. Later, respondent No.2 had registered two other F.I.R.s against petitioner No.1 on same set of facts. This Court vide separate orders dated 21.04.2025 quashed the connected Criminal Petition No.10328 of 2023 arising out of Crime No.400 of 2023 before the Station House Officer, Malkajgiri Police Station registered against the petitioner for the offences under Sections

498-A, 406, 379 of Indian Penal Code, 1860 and Sections 66 and 72 of the Information Technology Act, 2000; Criminal Petition No.4365 of 2023 filed by petitioner seeking to quash the proceedings against him in C.C.No.551 of 2023 on the file of the learned Principal Junior Civil Judge-cum-Metropolitan Magistrate, Medchal-Malkajgiri District, at Malkajgiri for the offence under Section 498-A of Ind