Telangana High Court
C. Lokesh Reddy vs The State Of Telangana on 23 April, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.5107 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 by the petitioners/accused Nos.1 to 3, seeking to quash the proceedings against them in C.C.No.9410 of 2022 on the file I Additional Junior Civil Judge- Cum-IX Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, registered for the offences punishable under Section 498-A of IPC and Sections 2, 4 of Dowry Prohibition Act.
2. The brief facts of the case are that accused No.1 got married to respondent No.2 and at the time of marriage, dowry of Rs.10,00,000/- cash, Rs.2,00,000/- adapadchukatnam, 20 tolas of gold and pooja silver articles, were given. It is stated that accused No.1 along with his parents used to harass respondent No.2 mentally and physically for want of additional dowry and forced her to give mutual divorce. Based on the complaint, a case was registered vide Crime No.74 of 2022 by the Chandanagar Police, Cyberabad and after completion of investigation, charge sheet was filed vide C.C.No.9410 of 2022 on the file of I 2 SKS,J Crl.P.No.5107 of 2023 Additional Junior Civil Judge-Cum-IX Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally.
3. Heard Sri N.Hari Nadh, learned Counsel for the Petitioners and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1-State.
4. Learned counsel for the petitioners submitted that there is no such allegation against the petitioners to attract any of the offences alleged. He further submitted that respondent No.2 expressed her willingness to get the matter compromised before the Principal Judge, Family Court at Bengaluru. In this regard, he placed reliance on the judgment of the Apex Court in Ramesh Chander vs. State of NCT of Delhi and another 1 and prayed to allow the Criminal Petition by quashing the proceedings against the petitioners/accused Nos.1 to 3.
5. On the other hand, learned Assistant Public Prosecutor for respondent No.1-State opposed the submissions of the learned counsel for the petitioners and prayed to dismiss the Criminal Petition.
6. Having regard to the rival submissions of both the counsel, this Court has perused the entire material available on 1 (2019) 16 SCC 780 3 SKS,J Crl.P.No.5107 of 2023 record. In case of Ramesh Chander (Supra) at paragraph No.4 it is held as under:
"4. We have read and considered the MoU. The said MoU contemplates payment of a sum of Rs.60 lakhs and handing over of certain immovable properties (two flats) to Respondent 2. There is no dispute that the aforesaid amount of Rs.60 lakhs and the immovable properties have been parted with. We do not find any term in the MoU which relates to divorce. In these circumstances, as the terms of the MoU have been complied with by the appellant and divorce is not a part thereof, the High Court, according to us, fell into error in refusing to quash the impugned criminal proceedings against the appellant."
7. Admittedly, respondent No.2 compromised for mutual divorce before learned IV Additional Principal Judge, Family Court, Bangalore and expressed her willingness to close the criminal case filed under Section 498-A of IPC. It is pertinent to note that after thoroughly examining respondent No.2 about her willingness for compromise in the presence of accused No.2, the learned IV Additional Principal Judge, Family Court, Bangalore, granted a decree of divorce. As such, the averments of the case do not constitute any offence under Sections 498-A of IPC and Sections 3, 4 of Dowry Prohibition Act. Therefore, the proceedings against the petitioners/accused Nos.1 to 3 are liable to be quashed.
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SKS,J Crl.P.No.5107 of 2023
8. Accordingly, the Criminal Petition is allowed. Consequently, the proceedings against petitioners/accused Nos.1 to 3 in C.C.No.9410 of 2022 on the file of I Additional Junior Civil Judge-Cum-IX Additional Metropolitan Magistrate, Ranga Reddy District at Kukatpally, are hereby quashed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 23.04.2024 gms