THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.5267 OF 2021

O R D E R:

This Criminal Petition is filed under Section 482 of Cr.P.C.

seeking to quash the proceedings against petitioners/accused Nos.3 to 5 in C.C.No.773 of 2020 on the file of the learned Special Judicial Magistrate of First Class (Excise), at Karimnagar (for short, “the trial Court”) for the offences punishable under Sections 506 and 109 of I.P.C. and pass such other order or orders.

2. Heard Mr.V.V.Ramana, learned counsel for the petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State. Despite notice, there is no representation on behalf of respondent No.2. Perused the record.

3. The brief facts of the case are that on 28.02.2020 at 17:30 hours, respondent No.2 filed a complaint before the Station House Officer concerned stating that respondent No.2 married accused No.1 on 25.03.2010; that they were blessed with a son and daughter during their wedlock; that all of them lived at Ramagundam for quite some time and later, accused No.1 shifted the family from Ramagundam to Karimnagar town for livelihood;

that accused No.1 was a Barber and kept the family at Ganesh Nagar; that upon after shifting the family, he failed to come home; that respondent No.2 suspected accused No.1 and enquired about him at his work place; that on 08.02.2020, respondent No.2 came to know that accused No.1 married accused No.2 and living with her illegally and that accused Nos.3, 4 and 5 are the brother, sister and mother of accused No.2. Thereafter, respondent No.2 gathered the people in that locality, convened a panchayath and requested accused No.2 to leave accused No.1 for the sake of her children due to which, all the accused threatened her with dire consequences. It is pertinent to note that respondent-Police have charge sheeted accused Nos.1 and 2 for the offences punishable under Sections 494 and 506 of I.P.C. and petitioners/accused Nos.3 to 5 for the offences punishable under Sections 109 and 506 of I.P.C. Basing on the said facts, the present crime is registered.

4. Learned counsel for the petitioners submits that the allegations made in the complaint are so absurd and inherently improbable that no prudent man can ever reach to a conclusion that there is sufficient ground to proceed against them. He states that the respondent-Police failed to conduct the investigation in a proper manner and laid charge sheet against the petitioners, which is abuse of process of law. Therefore, he seeks to allow the Criminal Petition.

5. Learned Assistant Public Prosecutor contends that the matter requires to be tried and only upon conducting a full-fledged trial, the truth comes to light. Therefore, he seeks to dismiss the Criminal Petition.

6. Having regard to the submissions of both the learned counsel and relying on the decision passed by the Hon’ble Supreme Court in State of Haryana Vs. Bhajan Lal, 1992 Supp (1) Supreme Court Cases 335, this Court is of the opinion that the uncontroverted allegations made in the F.I.R. or complaint and the evidence collected in support of the same does not disclose the commission of the offence against the accused for the offence under Section 506 of I.P.C.. Hence, this Court is of the opinion that this is a fit case to quash the proceedings in so far as petitioners/accused Nos.3 to 5 are concerned in C.C.No.773 of 2020 on the file of the learned Special Judicial Magistrate of First Class (Excise), at Karimnagar for the offence under Section 506 of I.P.C. However, the impugned proceedings shall go on for the offence under Section 109 of I.P.C.

7. Accordingly, this Criminal Petition is partly allowed.

Miscellaneous Petitions, pending if any, shall stand closed.

_____________________ E.V. VENUGOPAL, J Date: 04.08.2025

ESP