HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.10325 of 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/accused Nos.5 and 8 to 10 to quash the proceedings against them in C.C.No.9721 of 2022 pending on the file of the learned IV Additional Chief Metropolitan Magistrate, Hyderabad, for the offences under Sections 354, 354(B), 324, 341, 504, 506, 379 and 452 r/w Section 149 of Indian Penal Code.
2. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1- State. Perused the record.
3. It is the specific contention of the learned counsel for the petitioners that the marriage of respondent No.2 was performed with accused No.4 as per Hindu Rites and Customs at Hotel Kinnera Gardens, Habsiguda, on 08.12.2021 in the presence of caste elders, relatives and friends. At the time of marriage accused No.1 has given Rs.8,00,000/- as dowry, GAC,J Crl.P.No.10325 of 2023 2 Gold ornaments worth of Rs.10,00,000/-, silver and household articles, further worth of Rs.5,00,000/- and he also spent Rs.5,00,000/- for engagement function and Rs.15,00,000/- for marriage and also given Rs.2,00,000/- as 'Adapaduchukatnam' and in total accused No.1 has spent an amount of Rs.43,00,000/-. Further, disputes arose between accused No.4 and respondent No.2 and respondent No.2 and his parents started harassing accused No.4 for additional dowry. Hence, accused No.4 lodged a complaint against respondent No.2, his parents and his sister in Women Police Station, Guntur, under Section 498-A and Sections 5 and 6 of Dowry Prohibition Act, 1961.
4. It is the further contention of the learned counsel for the petitioners that the petitioners acted as mediators for settling the disputes between accused Nos.1 to 4 and respondent No.2 herein. It is also the contention of the learned counsel for the petitioners that due to pre planned strategy, respondent No.2 and his family members incrimated the petitioners and other accused and a false complaint is filed for outraging the modesty of women including other offences. Infact, no such GAC,J Crl.P.No.10325 of 2023 3 incident took place as narrated in the complaint. It is also the contention of the learned counsel for the petitioners that the petitioners are innocent and a false complaint has been foisted against them along with other accused. Therefore, he prayed to quash the proceedings against them.
5. On the other hand, learned Assistant Public Prosecutor contended that after due investigation, police have filed charge sheet. Therefore, it is not a fit case to quash the proceedings against the petitioners at this juncture, as the matter has to be decided after conducting trial by the Court below.
6. On a perusal of the charge sheet, this Court is of the view that truth or otherwise of the allegations made against the petitioners can be decided only after conducting trial. Hence, this Court is not inclined to interfere with the proceedings against the petitioners.
7. Taking into consideration the fact that only general allegations are leveled against the petitioners/accused Nos.5 and 8 to 10, their appearance/attendance before the learned IV Additional Chief Metropolitan Magistrate, Hyderabad, in GAC,J Crl.P.No.10325 of 2023 4 C.C.No.9721 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 Section 313 Cr.P.C. and on the date of pronouncement of judgment. Further, the petitioners are at liberty to file an application seeking discharge and on such application being filed, the trial Court shall dispose of the same on merits within a period of three (03) weeks, without being influenced by any of the observations made by this Court in the present order.
8. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 17.10.2023 vsl GAC,J Crl.P.No.10325 of 2023 5 114 THE HON'BLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.10325 of 2023 Date: 17.10.2023 vsl