IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.5678 OF 2020 DATE: 18-02-2026 Between:

M. Visweswara Prasad … Petitioner And The State of Telangana, Represented by S.H.O., Uppal, P.S. Rachakonda, Rep. through the Public Prosecutor, State of Telangana, High Court of Telangana and another ... Respondents

ORDER:

This Criminal Petition is filed by the petitioner-accused No.1 seeking to quash the proceedings against him in C.C.No.5213 of 2019 on the file of learned III Metropolitan Magistrate, Ranga Reddy District at L.B. Nagar, registered for the offences under Sections 323, 506, 509 and 498A I.P.C.

2. Heard Ms. Jwala Voralini, learned counsel representing Sri Mamidi Avinash Reddy, learned counsel for the petitioner, Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State and Sri R. Gopi Mohan, learned counsel for respondent No.2.

3. Learned counsel for the petitioner submitted that the averments in the complaint do not attract the ingredients of the offences alleged under Sections 323, 506, 509 and 498A I.P.C. It is alleged by the de facto complainant that she was subjected to verbal and physical abuse and that the petitioner-accused No.1 was addicted to alcohol, but the same amounts to incompatibility and does not constitute the ingredients of the offence under Section 498A I.P.C. She further submitted that the complaint is lodged after a huge delay and thus, the complaint itself is not maintainable. She, therefore, prayed to quash the proceedings against the petitioner in the present C.C.

4. Learned counsel for respondent No.2 has submitted that the marriage between respondent No.2 and the petitioner was performed in the year 1993 and it is impossible to give the details of every date of harassment. He further submitted that respondent No.2 with a fond hope to render peaceful life to her daughter has compromised with life all these years, and that when it came to the marital expenses of her daughter, even that was denied by the petitioner. He further submitted that the statement of an independent witness, who is examined as LW.4, also reveals that the petitioner herein has beat his daughter also.

He, therefore, prayed to dismiss the Criminal Petition.

5. Perused the record.

6. It is alleged that after marriage, the petitioner and the de facto complainant lived together happily for only few years and thereafter, the petitioner-accused No.1 behaved in a very adamant manner and insisted the de facto complainant not to pursue further studies or work and asked her to stay back at home. It is further alleged that the petitioner was not giving enough money to the de facto complainant to take care of herself and their daughter. It is further alleged that all the family members of the petitioner acted in collusion with each other and harassed and abused the de facto complainant in filthy language on one pretext or the other. It is further alleged that the petitioner used to come home in a drunken condition and beat the de facto complainant and threaten her with dire consequences. The petitioner never used to have a single pie in his account and whenever the de facto complainant questioned about his salary, he used to beat her. It is further alleged that on 17.06.2015, accused Nos.1 to 6 necked out the de facto complainant along with her daughter from the house and that the petitioner has also stated that he is going to marry another lady. Further, the petitioner has filed divorce petition vide O.P.No.1124 of 2015 on the file of Family Court, L.B. Nagar, and as the de facto complainant was facing financial crisis, she filed M.C.No.411 of 2018 on the file of Family Court, L.B. Nagar and also a D.V.C. on the file of III Metropolitan Magistrate Court at L.B. Nagar, Ranga Reddy District. It is further alleged that the de facto complainant suffered cruelty for more than 22 years of matrimonial life. She has suffered just for the sake of