HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8546 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/accused No.2 to quash the proceedings against him in C.C.No.2986 of 2020 pending on the file of the V Additional First Class Magistrate at Warangal, which was taken cognizance for the offences punishable under Section 498-A and 506 of IPC.
02. Heard learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. The facts of the case are that basing on the complaint given by respondent No.2, a case was registered against her husband and the petitioner herein vide FIR No.47 of 2020 dated 11.06.2020 on the file of WPS Warangal City Police Station, Warangal Urban District. The 2 complaint discloses that respondent No.2 got married with one Gopathi Srinivasa Reddy (accused No.1) on 06.11.2019 and it is second marriage for both accused No.1 as well as respondent No.2. The report further discloses that on the demand of accused No.1, the parents of respondent No.2 gave him dowry of Rs.1.00 Lakh net cash, ½ thula gold ring, ½ thula gold chain and household articles. It is further alleged in the complaint that accused No.1 harassed her physically and mentally demanding to sell the property in the name of her first husband and to give money to him and also threatened to kill her with the instigation of accused No.2, who is colleague of accused No.1.
04. It is the specific contention of the learned counsel for the petitioner that the petitioner/accused No.2 is no way related to accused No.1 and he is not a family member of accused No.1 and he is only a mediator for the marriage of respondent No.2 and accused No.1. It is his further contention that the petitioner is falsely implicated 3 in the case and therefore, prayed to quash the proceedings against him.
05. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings in C.C.No.2986 of 2020 against the petitioner at this juncture as police have duly investigated the case and laid charge sheet against accused No.1 and the matter has to be decided after conducting trial by the Court below.
06. Taking into consideration the fact that the petitioner is not a family member of accused No.1 in order to attract the offence under Section 498-A of IPC, the appearance/attendance of the petitioner/accused No.2 before the V Additional Judicial First Class Magistrate at Warangal, in C.C.No.2986 of 2020 is dispensed with, unless his presence is required by the trial Court for a specific purpose, or at the time of recording his examination under Section 313 Cr.P.C., and on the date of pronouncement of Judgment. However, the petitioner/ accused No.2 is at liberty to file discharge petition and on such petition being filed, the trial Court shall dispose of the 4 same on merits within three (3) weeks from the date of filing of the said petition, uninfluenced by any of the observations made in this Order.
07. Accordingly, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 05-09-2023 gvl 5 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8546 OF 2023 Date: 05-09-2023 GVL