THE HON’BLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION No.3110 OF 2025

O R D E R:

The present Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short, ‘B.N.S.S’) by the petitioner/accused No.2 seeking to quash the charge sheet in C.C.No.5813 of 2022, on the file of the learned III Additional Judicial Magistrate of First Class Cum III Additional Junior Civil Judge, Ranga Reddy District at L.B. Nagar, in which her name is shown as Accused No.2, registered for the offences punishable under Section 498 (A), 494 and 506 of the Indian Penal Code, 1860 (for short ‘IPC’).

2. Heard Sri K. Venumadhav, learned counsel appearing for the petitioner, Sri E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State and Sri Anirudh Sadhu, learned counsel appearing for respondent No.2/de-facto complainant. Perused the record.

3. The brief facts of the case are that a complaint is filed on 19.11.2022 at 11:00 hrs by Smt. Pasunuru Shiva Kanya, W/o. P. Venkatesh stating that her marriage was performed with Pasunuru Venkatesh on 13.05.1989 and they were blessed with two daughters. At the time of marriage, her husband worked as journalist. Prior to the marriage of her younger daughter, about six years back, her husband married another woman. When she questioned him, he told not to disclose it to anybody till performing the marriages of their daughters, otherwise they will not get marry and promised to settle the issue. At the time of marriage of her elder daughter, he has transferred 2 acres of land onto his second wife by saying that she is harassing him. After the marriage of her elder daughter, he forced her to settle the matter with his second wife and forcibly took her to Ayyappa Swamy Temple, where an agreement was made for Rs.50 lakhs and also agreed to introduce her children to the relatives, but later he brought another agreement that he will be with her for 3 days and with the second wife for 3 days, but she did not agree for that, but he continued to do like that. It is further stated that a panchayath was held in the presence of relatives and she did not agree for the above agreement of 3 days with her, due to which her husband left home.

4. It is further stated that, on 16.08.2022 in the evening at about 7 P.M, his husband came to beat her with an iron rod. At that time, her younger daughter rescued her. Later, she expected life threat from her and kept her younger daughter and son-in-law at home. However, her husband is attributing illegal affairs between her and her son-in-law and her husband is increasing his harassment and harassing her in the form of whatsapp messages.

It is further stated that her husband has been staying with his second wife for the last two months. The complainant is staying alone and she is expecting life threat from her husband. Hence, the Complaint.

5. Learned counsel for the petitioner submitted that, based on the said complaint, LW-5 registered a case in Cr.No.436 of 2022 for the offences punishable under Sections 498 (A), 494 and 506 of IPC and LW-6 investigated into.

6. During the course of investigation, LW-6 examined LWs 1 to 4 and recorded their statements in Part-II CD. LW-1 is the complainant/victim, LW-2 is witness/father of victim, LW-3 is witness/daughter of victim, LW-4 is witness/son-in-law of victim. They corroborated the facts of FIR. LW-6 collected original marriage photo with first wife, original wedding card, family photos with second wife as evidence in this case. Further, after conducting the investigation, a charge sheet has been filed on the file of the learned V Additional Metropolitan Magistrate, Cyberabad, at L.B.Nagar.

7. Learned counsel for the petitioner vehemently submitted that the petitioner is arrayed as accused No.2 for the offences punishable under Section 498 (A), 494 and 506 of the Indian Penal Code, 1860 (for short ‘IPC’) and further submitted that the allegations made against the petitioner are ominibus allega