THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.6945 of 2020

ORDER

This Criminal Petition is filed by the petitioners/accused Nos.1 to 5, to quash the proceedings against them in C.C.No.11214 of 2020 on the file of VII Additional Chief Metropolitan Magistrate at Hyderabad, for the offence punishable under Section 506 of the Indian Penal Code, 1860 (for short ‘the IPC’).

2. Heard Sri. Mohammed Iqbal Ali Javid, learned Counsel for the Petitioners as well as Sri. E.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State and Sri. E.Srinivas Velagapudi, learned counsel for respondent No.2.

3. The brief facts of the case are that on 15.06.2020 and 05.07.2020, the accused persons came to the house of the de-facto complainant and besides creating nuisance in his house, they threatened the de-facto complainant and his family members with dire consequences. Hence, a case was registered vide Crime No.205 of 2020 before the Kanchanbagh Police and after completion of investigation, charge sheet was filed vide C.C.

No. 11214 of 2020 before the learned VII Additional Chief Metropolitan Magistrate at Hyderabad.

4. Learned counsel for the petitioners submitted that the petitioner No.1 and respondent No.2 are blessed with one male child on 26.12.2018 out of their wedlock on 21.05.2017. He further submitted that petitioner No.1 and respondent No.2 are residing separately due to matrimonial disputes. He also submitted that the petitioners went to the house of respondent No.2 for settling the said matrimonial disputes but they have not created any havoc or any misdeed. Hence, he prayed the Court to allow the Criminal Petition by quashing the proceedings against the petitioners.

5. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings against the petitioners as Police have investigated the case and filed charge sheet against the accused. He further contended that it is not a fit case to quash the proceedings against the petitioners at this juncture and the matter is to be decided after conducting trial by the trial Court.

6. Learned counsel for respondent No.2 submitted that the petitioners besides entering into the house of respondent No.2, also threatened respondent No.2 and his family members with dire consequences. Hence, he prayed the Court to dismiss the Criminal Petition.

7. Having regard to the contentions advanced on either side, it appears that the petitioners besides creating nuisance at the house of respondent No.2, also threatened his family members with dire consequences. Hence, this Court is of the considered view that whether there is any criminal intimidation by the petitioner to attract the alleged offence or not, can be decided by the trial Court. Under these circumstances, this Court is not inclined to quash the proceedings against the petitioners at this stage. However, the appearance/attendance of the petitioners/accused Nos.1 to 5 before the learned VII Additional Chief Metropolitan Magistrate at Hyderabad, is dispensed with, unless the same is required by the trial Court for a specific purpose, or at the time of examination of accused under Section 313 Cr.P.C., and on the date of pronouncement of Judgment. Further, the petitioners/accused Nos.1 to 5 are at liberty to file discharge petition and on such petition being filed, the trial Court shall dispose of the same on merits within three (03) months uninfluenced by any of the observations made by this Order.

8. Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, if any pending, shall also stand closed.

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E.V.VENUGOPAL, J Date: 29.07.2025 gms