THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.6800 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') by the petitioner/accused to quash the proceedings against him in C.C.No.480 of 2023 on the file of Special Judicial First Class Magistrate (Prohibition and Excise) at Sangareddy, for the offences under Sections 427, 504 and 506 of the Indian Penal Code (for short 'IPC').
2. Heard Sri D.Sudharshan, learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
3. The brief facts of the case are on 07.01.2023 at 17:40 hours, respondent No.2 filed the present complaint against the petitioner alleging that she along with her husband attended panchayathi of her daughter-in-law and her husband (petitioner herein). In this regard, the petitioner developed grudges against respondent No.2 and her husband. On 20.11.2022 at 14:20 hours, the petitioner came to their house, picked up quarrel with them and abused them in filthy language. Again on 01.12.2022, the petitioner came to their house and damaged her car bearing No.TS 15 EJ 9959. When respondent No.2 questioned the same, the petitioner abused 2 GAC, J Crl.P.No.6800 of 2023 her in filthy language and threatened her and her family members with dire consequence. Aggrieved by the same, respondent No.2 was constrained to file the present complaint against the petitioners.
4. Learned counsel for the petitioner contended that the present case is nothing but a counter blast case to the case filed by the petitioner and that the ingredients 427, 505 and 506 IPC are not attracted against the petitioner; initially, a complaint vide FIR No.951 of 2022 dated 13-12-2022 on the file of the Station House Officer, Ramchandrapuram Police Station, Cyberabad, was filed by the petitioner against respondent No.2, subsequently, the present complaint is filed by respondent No.2 against the petitioner. Thereafter, the police filed charge sheet in FIR No.951 of 2022 and the same was numbered as STC No.1261 of 2023 and that the husband of respondent No.2 was convicted vide order dated 05.06.2023. The operative portion of the said order reads as follows:
"convicted A-1 to A-4 in the above STC case and they are sentenced to pay a fine of Rs.1,000/- each on each count i.e. Rs.1000/- each of the offences punishable under sections 323 and 507 IPC (total fine by each of convicts/A-1 to A-4 Rs.2,000/- each) and in default, each of them shall suffer simple imprisonment for one week on each count"3
GAC, J Crl.P.No.6800 of 2023 To support his contentions, learned counsel for the petitioner filed the judgment dated 05.06.2023 in STC No.1261 of 2023 passed by the Special Judicial Magistrate of Second Class at Sangareddy and prayed to quash the proceedings against the petitioner.
5. On the other hand, learned Assistant Public Prosecutor contended that the police, after due investigation, filed charge sheet and that it is not a fit case to be quashed at this juncture. Therefore, prayed to dismiss the Criminal Petition.
6. In spite of service of notice, there is no representation on behalf of respondent No.2. Therefore, the arguments of respondent No.2 are treated as 'nil'.
7. On perusal of charge sheet, it is evident that respondent No.2 is the victim and the husband of respondent No.2 is shown as circumstantial witness in the charge sheet. Admittedly, there are no eye witnesses to the incident and except the statement of respondent No.2 recorded under Section 161 Cr.P.C., there is no other evidence corroborating the said statement. Furthermore, it is evident that the present complaint is counter blast case filed by respondent No.2 against the petitioner. Moreover, the contents of complaint disclose that on 20.11.2022, the petitioner has entered 4 GAC, J Crl.P.No.6800 of 2023 into the house of respondent No.2, picked up quarrel and abused her in filthy language and on 01.12.2022, the petitioner went to the house of respondent No.2 and damaged her car. As to why respondent No.2 did not report the matter to the police on 20.11.2022 or 01.12.2022 is not explained by her. Therefore, this Court is of the considered opinion that it is a fit case to quash the proceedings against the petitioner.
8. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/accused in C.C.No.480 of 2023 on the file of Special Judicial First Class Magistrate (Prohibition and Excise) at Sangareddy, are hereby quashed.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 11.10.2023 TMK 5 GAC, J Crl.P.No.6800 of 2023 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.6800 OF 2023 Date:11.10.2023 TMK