THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.15183 OF 2016
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.1 and 2 to quash the proceedings initiated against them in C.C.No.52 of 2016 pending on the file of the learned XI Metropolitan Magistrate, Cyberabad, L.B. Nagar, filed for the offences punishable under Sections 420 and 406 of the Indian Penal Code (for short 'IPC').
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1-State. Perused the record.
3. Learned counsel for the petitioners submitted that the 2nd respondent has filed a complaint in Crime No.175 of 2013 for the offences punishable under Sections 498-A and 506 IPC and Sections 3 and 4 of Dowry Prohibition Act (for short 'D.P. Act'). After completion of investigation, since the offences alleged by the 2nd respondent were not proved against petitioner-accused No.2 herein and three others, police filed charge sheet against petitioner-accused No.1 herein only, by deleting the names of accused Nos.2 to 5. The case was numbered as C.C.No.257 of 2014. He further submitted that instead of filing a protest application in C.C.No.257 of 2014, the 2nd respondent preferred a private complaint on the very same allegations which was referred to the police for the purpose of investigation. Subsequently, charge sheet was filed against both the petitioners-accused Nos.1 and 2 herein and numbered as C.C.No.52 of 2016.
4. Learned counsel for the petitioners produced a copy of judgment in C.C.No.257 of 2014 dated 01.11.2017 which discloses that the said calendar case ended in acquittal. Further, this Court by order dated 26.10.2016 granted interim stay of all further proceedings in C.C.No.52 of 2016 on the ground that on the very same allegations, C.C.No.257 of 2014 was pending.
5. The 2nd respondent instead of filing a protest application in C.C.No.257 of 2014 has filed a separate private complaint against the petitioners herein. Having gone through the record, it appears that the allegations against the petitioners in C.C.No.52 of 2016 and C.C.No.257 of 2014 are one and the same.
6. In view of the detailed trial being conducted resulting in acquittal of the petitioner-accused No.1 herein in C.C.No.257 of 2014 and the police filing charge sheet deleting the name of petitioner-accused No.2 after conducting investigation in Crime No.175 of 2013, I find no reason to permit prosecution to be continued against the petitioners, as the present C.C.No.52 of 2016 is filed on the same set of allegations in C.C.No.257 of 2014. Therefore, the proceedings against the petitioners- accused Nos.1 and 2 are liable to be quashed.
7. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners-accused Nos.1 and 2 in C.C.No.52 of 2016 pending on the file of the learned XI Metropolitan Magistrate, Cyberabad, L.B. Nagar, are hereby quashed.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________ K.SURENDER, J Date: 05.09.2023 rev