THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.2741 of 2022

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.5216 of 2022 on the file of III Additional Junior Civil Judge-cum-III Additional Judicial Magistrate of First Class, at Warangal, wherein, the petitioners were arrayed as accused Nos.1 to 5 for the offences punishable under section 498 A of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3 and

4 of the Dowry Prohibition Act, 1961 (for short ‘DP Act’).

2. Upon perusal of the record, it reveals that pursuant to the order dated 15.04.2025, learned counsel has sent fresh personal notice to respondent No.2 through RPAD and filed proof of service vide U.S.R.No.57555 of 2025, dated 19.06.2025 and respondent No.2 has received the said notice. Inspite of service of notice, respondent No.2 has not chosen to enter appearance. It appears that respondent No.2 is not interested in prosecuting the matter. Therefore, this Court has no option except to proceed with the matter on merits.

3. Heard Mr. P. Venkanna, learned counsel for the petitioners and Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1

4. Learned counsel for the petitioners submitted that basing upon the complaint lodged by respondent No.2, Crime No.15 of 2020 was registered on the file of Warangal Rural Police station against the petitioners for the offences punishable under section 498-A of the IPC and Sections 3 and 4 of the DP Act. The Investigating Officer, without conducting a proper investigation filed final report and the learned III Additional Junior Civil Judge- cum-III Additional Judicial Magistrate of First Class, at Warangal, took cognizance and issued summons to the petitioners in C.C.No.5216 of 2022.

5. Learned counsel further submitted that during the pendency of this Criminal Petition, Petitioner No.1/accused No.1 filed O.P.No.340 of 2022 on the file of the I Additional Family Court- cum-XIV Additional Metropolitan Sessions Judge, Hyderabad, seeking a decree of divorce for dissolution of marriage solemnized between petitioner No.1/accused No.1 and respondent No.2 on

12.02.2016, invoking Section 13(1)(ia) of the Hindu Marriage Act, 1955. During the pendency of the said O.P., with the intervention of parents, elders, and well-wishers, both parties amicably resolved their disputes and entered into a settlement. In view of the said settlement, both parties jointly filed an application seeking conversion of the petition under Section 13(1)(ia) to a petition under Section 13-B of the Hindu Marriage Act, 1955, for dissolution of marriage by mutual consent. The learned Family Court, by order dated 20.11.2023, allowed O.P.No.340 of 2022 and granted a decree of divorce by mutual consent by dissolving the marriage between petitioner No.1/accused No.1 and respondent No.2, solemnized on 12.02.2016. In terms of the settlement, petitioner No.1/accused No.1 has paid an amount of Rs.10,00,000/- (Rupees Ten Lakhs only) to respondent No.2 towards full and final settlement. Hence, continuation of proceedings in C.C.No.5216 of 2022, pending before the learned Magistrate, against the petitioners, who are husband of respondent No.2, mother, sisters and brother-in-law of the petitioner No.1 is clear abuse of process of law.

6. In support of his contentions, learned counsel relied upon the judgment of the Hon’ble Apex Court in Shlok Bhardwaj v.

Runika Bharadwaj and others, (2015) 2 SCC 721

7. Learned Assistant Public Prosecutor fairly submits that in view of the settlement between respondent No.2/de-facto complainant and petitioner No.1/accused No.1 in O.P.No.340 of 2022 on the file of the Family Court, continuation of the criminal proceedings against the petitioners is abuse of process of law.

8. Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that petitioner No.1 and respondent No.2 are husband and wife, a