THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.851 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioners/accused Nos.1 to 3 to quash the proceedings against them in C.C.No.3329 of 2024 on the file of the Judicial Magistrate of First Class (Excise), Ranga Reddy District-cum-V Additional Judicial Magistrate of First Class East-Cum-AJCJ, Ranga Reddy District at L.B.Nagar. The offences alleged against petitioners under Section 351 read with 3(5) of the Bharatiya Nyaya Sanhita (for short ‘BNS’).

2. Heard Mr. A. Laxman, learned counsel for petitioners, Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent No.1/State and Mr. Jagan Mohan Reddy, learned counsel for respondent No.2. Perused the material on record.

3. On the basis of a complaint, an FIR bearing No.697 of 2024 came to be registered on 07.08.2024 at Saroor Nagar Police Station, Rachakonda Commissionerate under Section

351 read with Section 3(5) of BNS.

4. Respondent No.2 in the complaint alleged that accused Nos.1 to 3 are abusing in filthy language and have been harassing them. That on 23.07.2024 at 14:00 hours, while her husband was arranging fiber sheet on the doors, their neighbours started a fight without any reason and threatened with dire consequences. Hence, FIR.

5. Charge sheet is filed, on investigation, charge sheet reveals that accused Nos.1 to 3 were harassing respondent No.2, abused respondent No.2’s husband, while fixing fiber sheet on the doors.

6. Learned counsel for petitioners/accused submitted that respondent No.2’s husband is a Police Officer and has influenced in getting the complaint lodged, FIR registered, setting the criminal law into motion. That the accused/petitioners appeared before the Police and stated that a CC Camera is facing towards the bathroom of petitioners set up by respondent No.2 and her husband, violating their right to privacy, in spite of there being a Memorandum of Undertaking to remove the CC Camera. That CC Camera was not removed and it is only for this reason, when accused/petitioners asked, a false case was booked. It is also submitted that Memorandum of Undertaking, dated 13.12.2023, with photographs and videos were presented before Saroor Nagar Police Station and the Police refused to entertain the grievance. That charge sheet is filed for criminal intimidation.

7. Learned Assistant Public Prosecutor submitted that FIR bearing No.320 of 2025 came to be registered on the basis of a complaint dated 25.03.2025, at Saroor Nagar Police Station, by accused No.2. That the contents in the FIR are that CC Camera is fixed towards the complainant’s bathroom (accused Nos.2’s) and pictures of complainant and her daughter were captured and that on 22.03.2025 at night hours, when she was going to the bathroom, pictures were captured on the mobile phone from the bedroom window of respondent No.2. That, husband of respondent No.2 (Police Officer) abused complainant, her daughter and misbehaved. Hence, case registered under Sections 78 and 79 of BNS in FIR No.320 of

2025.

8. Counter affidavit is filed by respondent No.2/de-facto complainant. It is averred in the counter affidavit that complainant and accused are neighbours and were having cordial relations from 2005. That from past 2 to 3 years, petitioners bore grudge for not extending a hand loan of Rs.1,00,000/-. There are several other allegations such as, that petitioner No.2 is a divorcee, is married to petitioner No.1 and used to quarrel with respondent No.2 and that a false complaint was made. That on 30.10.2023, petitioners blackmailed her husband on the allegation that CC Camera is pointed towards their bathroom, which is false and the allegation that they tried to demolish the bathroom and remove the pipelines is also false.

9. It is further averred that CC Camera was never fixed towards petitioners’ residence and photos are presented to the Court showing the