THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10287 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner – accused No.1 seeking to quash the proceedings in C.C.No.1 of 2024 on the file of the learned Principal Junior Civil Judge – cum – Judicial Magistrate of First Class, Sangareddy, registered for the offences under Sections 448, 323, 504, 506 read with Section 34 of the Indian Penal Code (for short “IPC”).

2. Heard the submissions of Sri Shreyas Reddy.Y, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State.

3. The learned petitioner counsel has submitted that the de facto complainant and the petitioner are wife and husband and that the petitioner herein is the wife who left the matrimonial home in 2023 itself and subsequently, the de facto complainant has filed the divorce OP, after which the petitioner went along with her brother to negotiate a settlement to the house of the de facto complainant, whereupon he has lodged this complaint alleging trespass against the petitioner. There was no criminal intention behind going to the house of the de facto complainant and that they went only to resolve the dispute but out of grudge the present petition is lodged by the de facto complainant against his own wife and brother-in-law. Therefore, prayed to quash the same.

4. The learned Additional Public Prosecutor has submitted that the statement of LW4 who is a family friend of the de facto complainant and his statement reveals that the petitioner herein used to insult the de facto complainant, his family members in front of others and there are several incidents wherein she was threatening the in-laws and husband as narrated by LW4. He therefore prayed to dismiss the petition.

5. Perused the record.

6. C.C.No.01 of 2024 on the file of the learned Principal Junior Civil Judge – cum – Judicial Magistrate of First Class, Sangareddy, is pending against the accused herein for the offences under Sections 448, 323, 504, 506 read with Section 34 of the Indian Penal Code.

7. A perusal of the statement of LW4 as pointed out by the learned Additional Public Prosecutor points out certain allegations and the incidents of threatening and intimidation against the de facto complainant. Further, the complaint points out the allegation of trespass. The truth or otherwise in the statements of witnesses can be tested during the course of trial. Hence, considering the facts and circumstances of the case, this Court is not inclined to interfere with the proceedings at this stage.

8. In the result, the Criminal Petition is disposed of directing the learned Principal Junior Civil Judge – cum – Judicial Magistrate of First Class, Sangareddy, to dispose of C.C.No.1 of 2024 at the earliest, strictly in accordance with law, without being influenced by any of the observations made by this Court. However, the attendance of the petitioner is dispensed with before the trial Court, unless her presence is specifically required by the trial Court during the course of trial, provided that she shall be represented by her counsel on every date of hearing.

Miscellaneous applications pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Date: 21.08.2025 ns