THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.6886 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 petitioner/accused No.2 to quash the proceedings against her in CC.No.3741 of 2021 on the file of V Additional Judicial First Class Magistrate at Warangal. The offences alleged against petitioner are under Sections 498A and 506 of the Indian Penal Code (for short ‘IPC’) and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2. Heard Mr. K.Rajashekar, learned counsel for petitioner and Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent No.1 – State. There is no representation on behalf of respondent No.2. Perused the material on record.

3. Learned counsel for petitioner has presented a copy of the tracking consignment report bearing No.RN170566682IN to this Court and on 18.06.2025, the said notice is reflected under the caption item bagged.

4. Petitioner/accused No.2 is the mother-in-law of respondent No.2/de facto complainant. On basis of the complaint filed by respondent No.2/de facto complainant, an FIR bearing No.172 of 2021, dated 14.09.2021, came to be registered under Sections 498A and 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. A charge sheet came to be filed on 26.11.2021.

5. Respondent No.2 and accused No.1 were married on 31.03.2019 and were blessed with a child. In the complaint it is averred that accused No.1 used to come home in drunken condition and harass respondent No.2 physically and mentally for additional dowry, used to beat her. It is further averred that parents of accused No.1 i.e., petitioner/accused No.2 (mother-in-law) and accused No.3 (father-in-law) used to abuse and harass her and supported accused No.1. It is further stated that they threatened to kill her.

6. Learned counsel for petitioner/accused No.2 submits that Crl.P.No.1637 of 2022 was filed by accused No.1 i.e., husband of respondent No.2 before this Court and learned Single Judge of this Court allowed the criminal petition by quashing the proceedings against accused No.1 in CC.No.3741 of 2021 on the file of V Additional Judicial First Class Magistrate at Warangal. It is further submitted that accused No.3 i.e., father-in-law of respondent No.2 died and it is suspected that respondent No.2 and her relatives are involved in the death of accused No.3.

7. Learned counsel submitted that on a perusal of the complaint dated 14.09.2021, it is abundantly clear that ingredients of Section 498A of IPC have not been made out. It is further submitted that no specific allegations of active involvement of petitioner/accused No.2 are forthcoming in the complaint. Except general statements, no particularized allegations are made out in the complaint and that in the absence of such particularized allegations, the ingredients of Sections levelled against petitioner are not made out. Hence, it is a fit case for quashing the proceedings against petitioner.

8. Learned counsel relied upon the judgment of learned Single Judge of this Court in Crl.P.No.1637 of 2022, dated 28.04.2025 and held that proceedings against accused No.1 in CC.No.3741 of 2021 on the file of V Additional Judicial First Class Magistrate at Warangal, are quashed. The allegations in the complaint are not made out against petitioner/accused No.2 and proceedings against her also be quashed as proceedings are arising out of the same complaint.

9. Learned Assistant Public Prosecutor contended that allegations are grave in nature, that it is averred in the complaint that petitioner/accused No.2 supported the acts of accused No.1 and hence no interference is necessitated.

10. Heard learned counsels, perused the record and considered rival submissions.

11. On perusal of the complaint dated 14.09.2021, filed by respondent No.2, it is observed that complaint is vague and no specific allegations are forthcoming in the complaint. To be roped under Section 498-A of IPC, the