THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.3419 OF 2020
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/A2 & A3, to quash the proceedings against them in C.C.No.742/2018 on the file of V Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge, Cyberabad, R.R.district at L.B.Nagar. The offences alleged against them are under Sections 498-A and 506 of the Indian Penal code.
2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor for the respondent - State.
3. The 2nd respondent/defacto complainant filed a complaint with Saroornagar WPS, alleging that she was married to Accused No.1 on 20.11.1998 and had four female children who are in her custody. On 25.10.2012, Accused No.1 informed that he filed case against the parents of the defacto complainant and other relatives for property. However, the said property was already distributed when the mother of Accused No.1 was alive. The father of the defacto complainant was contesting the matter for which reason, A1 bore grudge against her. These petitioners who 2 are the brothers of her husband were torturing mentally and physically and also showed knives and threatened that if her father did not settle the property in their favour, they would kill her. Signatures on blank papers and bond papers of old dates were taken.
4. Further A1 to A3 and these petitioners also wanted the signatures of the parents of the defacto complainant. Since they did not listen, she was beaten up, on which she called her parents, who took her to the police station and the said complaint was registered on 09.11.2017. According to the statement made, at the time of marriage dowry was given. Accused No.1 was the maternal aunt's son with whom marriage of 2nd respondent was performed. They started living in joint family property which portion belonged to her father. Whenever she went to the college, A1 used to suspect her. In the year 1999, A1 went to US for job purpose. During that time, her in-laws, including these petitioners used to harass her. Four daughters were born and A1 was harassing her for not giving birth to a son.
5. In the year 2012 her mother-in-law died and after her death, signatures on blank papers were taken forcibly by Accused No.1. In the year 2013, A1 and these petitioners filed case before the High Court against defacto complainant's father and his 3 brothers. However, the Judgment went in favour of her father. Her father was a mentor of a 'Darga' situated at L.B.Nagar. These petitioners were harassing her to mutate the 'darga' property in their name and also in the name of A1.
6. It is further alleged that A1 suspected her character and had beaten with hands and legs when she came back after attending funeral on 21.03.2017. Accused No.1 had beaten on the head with a rod. On 16.08.2017, when the defacto complainant's father and others came to her house, these petitioners and A1 confronted him and quarreled with him. When they wanted to file a complaint, A1 and these petitioners undertook to take care of her for which reason, complaint was not filed. However, for the reason of A1 beating her and the petitioners herein threatening the defacto complaint, in respect of properties, complaint was filed.
7. Learned counsel appearing for the petitioners would submit that disputes are pending regarding properties in between family members. In fact, 2nd respondent is the first cousin of these petitioners. In view of pending disputes, police complaint is filed against these petitioners to force settlement.
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8. In the complaint several instances are narrated wherein it is specifically alleged against these petitioners regarding beating etc. The allegations can only be agitated before the trial Court. The ground that there are pending disputes before the Courts, false complaint would be filed cannot be accepted as it is also likely that on account of pending property disputes, the incidents might have happened. The factual aspect can only be determined after trial. Accordingly, the Criminal Petition is liable to be dismissed.
9. Accordingly, the Criminal Petition is dismissed. However, the attendance of petitioners is dispensed with the following directions:
i) The attendance of the petitioners/A2 & A3 is dispensed with in C.C.No.742 of 2018 on the file of V Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge, Cyberabad, R.R.district at L.B.Nagar, when represented by their counsel on record.
ii) The attendance of the petitioners is dispensed subject to filing an affidavit by the petitioners stating that in their absence the proceedings conducted by their 5 counsel will not be disputed by them in any manner and shall not dispute their identity also.
iii) However, the petitioners shall appear before the learned Magistrate as and when their presence is required. In the event of the petitioners' failure to appear when the Court directs, this order dispensing their attendance shall stand cancelled.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 20.09.2023 kvs 6 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.3419 OF 2020 Dt. 20.09.2023 kvs