THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.8379 OF 2025 % Dated: 22.09.2025 # Sri N. Srikanth, S/o. N. Chidambaram, Aged about 53 years, Occ: Business, R/o. H.No.2-1-167, Saraswathi Nagar, Hanmakonda, Vidyaranypuri, Warangal-500069, Hyderabad – Telangana.

.. Petitioner/Accused And The State of Telangana, rep., by its Public Prosecutor, High Court for the State of Telangana at Hyderabad and another .. Respondents ! Counsel for petitioner : Mr. Mohammad Imthiyaz ^ Counsel for respondents : Mr. E.Ganesh, learned Assistant Public Prosecutor.

> HEAD NOTE:

? Cases referred 1. 1954 AIR 496

2. Crl.P.Nos.7027 & 7033 of 2022

3. Criminal Revision petition No.758 of 2015

4. Crl.P.No.102231 of 2023 5. Crl.M.C.No.5871 of 2022

6. Transfer Petition (criminal) No.856 of 2024

7. 2025 SCC OnLine SC 1158

8. (1978) 1 SCC 248

9. SLP (Crl.) No.9503 of 2018

10. (2016) 11 SCC 774 11. 2018 Crl.L.J.2545

12. Crl.P.No.10703 of 2012 THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.8379 OF 2025

ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused to call for records and quash S.T.C.No.13860 of 2023 in D.V.C.No.184 of 2018 on the file of IV Judicial Magistrate of First Class, Hyderabad.

2. Heard Mr. Mohammad Imthiyaz, learned counsel for petitioner/accused and Mr. E.Ganesh, learned Assistant Public Prosecutor for respondent-State.

3. Petitioner/accused and respondent No.2 were married on 27.02.2009. In the year 2018, D.V.C.No.184 of 2018 came to be filed seeking various reliefs under Section 12 of Protection of Women from Domestic Violence Act, 2005, (for short ‘PWDV Act’) and final order came to be passed on

18.08.2022 with certain directions.

4. C.C.No.4571 of 2019 registered under Section 498A of Indian Penal Code, 1860 (for short ‘IPC’) read with Sections 4 and 6 of Dowry Prohibition Act is pending before XIII Additional Metropolitan Magistrate, Nampally.

5. M.C.No.175 of 2022 came to be filed, by order dated 19.11.2022, Principal Judge, Family Court-cum-Addl. Chief Judge, City Civil Court, Hyderabad, directed the petitioner/accused to pay monthly maintenance of Rs.50,000/- to respondent No.2 herein from the date of filing of petition.

6. O.P.No.367 of 2023 is filed by respondent No.2 herein before the competent Court seeking divorce.

7. A sworn statement bearing SR.No.188 of 2023 in D.V.C.No.184 of 2018 came to be filed before the IV Metropolitan Magistrate with a grievance that petitioner/accused herein failed to pay rents/arrears and compensation amount, as per the directions in D.V.C.No.184 of 2018, dated 18.08.2022 and requested the Court to take appropriate action against petitioner herein under Section 31 of PWDV Act.

8. By order dated 25.04.2023 in S.T.C.No.13860 of 2023 in D.V.C.No.184 of 2018, IV Judicial Magistrate of First Class, Hyderabad, referring to Rule 15(7) of Protection of Women from Domestic Violence Rules, 2006, (for short ‘PWDV Rules, 2006’) recorded that there was resistance to enforcement of orders of Court and deemed it to be a breach of protection order or interim protection order covered under the Act and held that sufficient grounds were made out under Section 31 of PWDV Act. Court directed to register a case, the case was registered as S.T.C.No.13860 of 2023 summons were issued to petitioner herein.

9. A petition under Section 439 of Code of Criminal Procedure (for short ‘Cr.P.C.’) was filed by petitioner/accused seeking to enlarge him on bail in S.T.C.No.13860 of 2023 in D.V.C.No.184 of 2018 pending before the IV Metropolitan Magistrate, Hyderabad (Crl.M.P.No.218 of 2024 in Crl.A.No.40 of 2024 in S.T.C.No.13860 of 2023).

10. The First Additional Family Court-cum-XIV Additional Metropolitan Sessions Judge, Hyderabad, directed the petitioner herein to pay arrears towards alternative accommodation of Rs.4,08,000/- and Rs.15,00,000/- compensation within four (04) weeks from the date of order, failing which, bail bonds shall s