THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.3631 of 2025

ORDER:

This Criminal Petition is filed seeking to quash the proceedings against the petitioners in C.C.No.9319 of 2021 on the file of the learned XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences punishable under Sections 498-A of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short ‘DP Act’).

2. The brief facts of the case are that on 16.10.2015 respondent No.2/de facto complainant lodged a complainant against the petitioners stating that her marriage was performed on 10.08.2013 as per Muslim customs and traditions with petitioner No.1. She alleged that from the very beginning of the marriage, she was subjected to physical and mental harassment by her husband, mother-in-law, and father-in-law, both in Jeddah (Saudi Arabia) and Hyderabad, in connection with demands for additional dowry in the form of money, gold, and electronic items. Her father had already given cash of Rs.25,00,000/-, along with gold and diamond jewellery, expensive clothes, and electronic items at the time of marriage. She further stated that her husband and mother-in-law poured hot water on her several times while they were in Jeddah. This harassment was brought to the notice of her father, who lodged a complaint with the Consulate General in Jeddah on 29.04.2015.

3. She further alleged that her father-in-law, Dr. Lateef Mohiuddin Khan, also used to beat, harass, and mentally torture her. During her pregnancy, she was made to do household work and was not given proper care. Her salary was taken away by the in-laws. Despite having two children, her in-laws insisted that the expenses for the children be borne by her parents. When she became pregnant with her second child, the harassment escalated. Her husband and in- laws decided to send her to Hyderabad for delivery but demanded that her parents bear the cost of the air tickets. They also made baseless allegations about her character and spread defamatory messages among relatives.

4. On 12.10.2015, when her husband arrived in Hyderabad, he called her to the airport along with the children. There, he threatened her and picked an argument about the furniture. On 15.10.2015, when the furniture was being assembled, her husband physically assaulted her by beating her with hands and legs. Both her husband and mother-in-law abused her in filthy language and again demanded additional dowry in the form of gold, a laptop, and a share in her parental property. Her mother-in-law, Naheed Afroz, took away her phone and did not allow her to contact her parents. They also abused her parents. Subsequently, her husband and mother-in-law attempted to assault her father and forcibly evicted him from the house located at Janaki Nagar. They also snatched both children from her. When she tried to get the children back, they shouted at her and humiliated her further.

5. Basing on the said complaint, the Police registered a case in Crime No.392 of 2015 of Golconda Police Station, Hyderabad, for the offences punishable under Section 498-A of IPC and Sections 3 and 4 of DP Act and after completion of investigation, they filed charge sheet, vide C.C.No.9319 of

2021 before the learned XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. Aggrieved by the same, the petitioners filed the present criminal petition to quash the proceedings against the petitioners.

6. Heard Sri TCK Singh, learned counsel appearing on behalf of the petitioners as well as Sri M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing on behalf of respondent No.1 - State and Sri H. Sudhakar Rao, learned counsel appearing on behalf of respondent No.2 - de facto complainant.

7. Learned counsel for the petitioners submitted that the entire criminal proceedings initiated by the de facto complainant are false, malicious, and an abuse of the process of law and that the marri