HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9784 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioners/accused Nos.2, 4 to 6 to quash the proceedings in C.C. No.6881 of 2022 on the file of the XV Additional Chief Metropolitan Magistrate at Hyderabad, registered for the offences under Sections 498-A, 406, 506 of the Indian Penal Code (for short 'IPC') and 4 and 6 of Dowry Prohibition Act, 1961.
2. Heard learned counsel for the petitioners/ accused Nos.2, 4 to 6 and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.2 - State. Perused the record.
3. It is the contention of learned counsel for the petitioners/ accused Nos.2, 4 to 6 that basing on the complaint lodged by respondent No.1, a case was registered against the petitioners/accused Nos.2, 4 to 6 and others for the alleged offences punishable under Sections 498-A, 406, 506 of IPC and 4 and 6 of Dowry Prohibition Act, 1961. It is contended that the marriage between the accused No.1 and respondent No.1 was performed on 04.11.2006 and the same is love marriage. Since 2 the date of marriage, accused No.1 and respondent No.1 lived separately in India and abroad and the petitioners/accused Nos.2, 4 to 6 have never interfered in the family life of them. As per the Charge Sheet, accused No.1 left the India in the year 2014 and since then, respondent No.1 is residing with her parents at their residence and after a period of eight years, the present complaint has been foisted as an afterthought. Therefore, it is a fit case to quash the petition.
4. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the petition contending that after due investigation, the Police have filed a charge sheet against the petitioners/accused Nos.2, 4 to 6 and others. Therefore, it is not a fit case to quash the petition.
5. Taking into consideration the fact that only general allegations are leveled against the petitioners/accused Nos.2, 4 to 6, who are the mother, sisters and brother of accused No.1, the appearance/attendance of the petitioners/accused Nos.2, 4 to 6 before the XV Additional Chief Metropolitan Magistrate at Hyderabad, in C.C. No.6881 of 2022, is dispensed with, unless their presence is required by the trial Court for a specific purpose or at the time of recording their examination under 3 Section 313 Cr.P.C. and on the date of pronouncement of judgment.
6. Further, the petitioners/accused Nos.2, 4 to 6 are at liberty to file an application before the trial Court seeking their discharge. On such application being filed, the trial Court shall dispose of the same on merits within three weeks from the date of filing of the said petition, without being influenced by any of the observations made by this Court.
7. Accordingly, the Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 MYK 4 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINIAL PETITION No.9784 OF 2023 Date: 06.10.2023 MYK