THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.4365 OF 2023

O R D E R:

The present Criminal Petition is filed seeking to quash the proceedings against the petitioner/accused in C.C.No.551 of 2023 dated 03.04.2023 on the file of the learned Principal Junior Civil Judge-cum-Metropolitan Magistrate, Medchal-Malkajgiri District (for short, “the trial Court”) for the offence under Section

498-A of Indian Penal Code, 1860 (for short, “IPC”).

2. Heard Mr.Eranki Phani Kumar, learned counsel for the petitioner, Mr.Rudresh Deshpande, learned Assistant Public Prosecutor appearing for respondent No.1-State and Mr.B.Kruthik, learned counsel representing Mr.Swaroop Oorilla, learned counsel for respondent No.2.

3. The brief facts of the case are that the marriage between petitioner and respondent No.2 was performed on 18.07.2019 as per Hindu rites and customs. They were blessed with three (3) children out of their wedlock. Respondent No.2 stated that petitioner and his parents abused her and subjected her to cruelty and harassment for want of additional dowry; that her mother-in-law and father-in-law also subjected her to cruelty and harassment. Basing on the said facts, the present crime is registered.

4. Learned counsel for the petitioner submits that respondent No.2 had filed multiple complaints against him. Firstly, Crime No.88 of 2019 dated 18.07.2019 for the offence punishable under Section 498-A of I.P.C read with Sections 3 and 4 of the Dowry Prohibition Act against petitioner and his parents; secondly, the present Crime No.173 of 2023 dated 22.02.2023 on the file of the Station House Officer, Malkajgiri Police Station registered against the petitioner for the offence under Section 498-A of I.P.C. which was numbered as C.C.No.551 of 2023 before the trial Court; thirdly, Crime No.400 of 2023 dated 03.05.2023 against petitioner 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 Others, (2001) 6 Supreme Court Cases 181, he submits that 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. Learned Assistant Public Prosecutor and learned counsel for respondent No.2 contend 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. Having regard to the submissions of both the learned counsel and relying on the decision cited (supra1) and the decisions passed by the Hon’ble Supreme Court in Kahkashan Kausar @ Sonam and Others Vs. State of Bihar and Others, 2022 LawSuit (SC) 149 Dara Lakshmi Narayana and Others Vs. State of Telangana and another, 2024 SCC OnLIne SC 3682 and Geeta Mehrotra and another Vs. State of Uttar Pradesh and another, [2012] 9 S.C.R. 641, this Court is of the opinion that general allegations are levelled against the petitioner and no specific and distinct allegations are made out against him. In the absence of any specific role attributed to the petitioner it would

be unjust if he is forced to go through the tribulations of the trial. Therefore, this Court is inclined to allow the Criminal Petition by quashing the proceedings in so far as the petitioner is concerned, in C.C.No.551 of 2023 dated 03.04.2023 on the file of the learned Principal Junior Civil Judge-cum-Metropolitan Magistrate, Medchal-Malkajgiri District for the offence under Section 498-A of Indian Penal Code, 1860.

8. Accordingly, this Criminal Petition is allowed.

Miscellaneous Petitions, pending i