Telangana High Court
Divyanshu Jain vs The State Of Telangana, on 3 June, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.8529 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners in Crime No.193 of 2023 of Gandhi Nagar Police Station, Hyderabad, registered for the offences punishable under Sections 304-B, 120b and 506 read with 34 of the Indian Penal Code, 1860 (for short 'I.P.C.') and Section 156 (3) of the Cr.P.C.
2. The brief facts of the case are that respondent No.2/de facto complainant lodged a complaint before the Police, Gandhi Nagar Police Station, Hyderabad stating that he has two daughters. The elder daughter got solemnized with petitioner No.1. At the time of marriage, the petitioners demanded Rs.10,00,000/-, 250 grams of gold and 3 kgs of silver. The elder daughter of respondent No.2 is living with the petitioners in Mumbai. Petitioner No.1 is always insisted on terminating the pregnancy. Later, they were blessed with one daughter. After the birth, respondent No.2 and her elder daughter noticed the change in behaviour of the petitioners and they demanded additional dowry of Rs.25,00,000/-. 2
SKS,J Crl.P.No.8529 of 2024 Since then, they harassed the daughter of respondent No.2 mentally and physically. Petitioner No.1 is an alcoholic and he come to home in an uncontrollable drunken state and forced his daughter to drink alcohol by forcing it down her throat. The daughter of respondent No.2 and his granddaughter tried to approach the Police, for which, petitioner No.1 had contacted respondent No.2 and threatened him if they give complaint to the Police, he will take the life of his daughter and his granddaughter.
3. On another occasion, his younger daughter went to Mumbai to celebrate Diwali with her sister, then petitioner No.1 misbehaved with her by dragging her around in an inappropriate manner. In the year 2019, the daughter of respondent No.2 fell sick due to stress, depression. Due to illness, she had to be hospitalized at Global Hospital in Mumbai. The treatment revealed that she was suffering from an intestine ulcer for which, she was prescribed medicine by the Doctor in Mumbai. Though the time span of steroid treatment was for short time period, he mislead the Doctor by saying that the daughter of respondent No.2 has been feeling continuously sick. He is well aware that the overdose of 3 SKS,J Crl.P.No.8529 of 2024 steroids would act as a slow poison, and his intentions of taking her life would succeed. Further, petitioner No.2 has taken the hair stands and nails of the daughter of respondent No.2 to perform black magic on her.
4. Later, in Hyderabad the daughter of respondent No.2 has taken medical treatment in C.C. Shroff hospital, there the doctors had clearly mentioned that this illness had initially occurred due to mental illness, excessive stress and unnecessary steroid dosages. The daughter of respondent No.2 informed to respondent No.2 that her husband and his parents are harassed her mentally and physically. Thereafter, due to the overdose of steroids, the daughter of respondent No.2 passed away. Basing on the said complaint, the Police registered a case in Crime No.193 of 2023.
5. Heard Sri P. Pradeep Kumar, learned counsel appearing on behalf of the petitioners as well as Sri S. Ganesh, learned Assistant Public Prosecutor appearing on behalf of respondent No.1 and Sri Praveen Kumar Challa, learned counsel appearing on behalf of respondent No.2.
6. Learned counsel for the petitioners submitted that there is no truth in the complaint. In fact, he gave good 4 SKS,J Crl.P.No.8529 of 2024 treatment in Mumbai, whereas, at the instance of the parents of the deceased she came to Hyderabad. Later, when the father of the deceased took her to Rajasthan for further Homeopathy treatment, she died. He further submitted that petitioner No.2 is 74 years old lady, suffering with old age ailments and the allegations leveled against her are only bald allegations without any specific proof. Learned counsel further submitted that petitioner Nos.3 and 4 got married in the year 2021 and they are permanent residents of Jaipur and they have nothing to do with the life of the deceased and petitioner No.1. Only to increase the gravity of the case, petitioner Nos.3 and 4 are implicated into the case. Therefore, the allegations leveled against the petitioners are vague and prayed the Court to quash the proceedings against them.
7. On the other hand, learned Assistant Public Prosecutor and learned counsel appearing on behalf of respondent No.2, respectively submitted that the daughter of respondent No.2 fell sick due to stress. Later, petitioner No.1 has mislead the doctors by saying that the deceased frequently falling sick, due to which, the doctors has given overdose. Learned 5 SKS,J Crl.P.No.8529 of 2024 counsel for respondent No.2 further submitted that due to the overdose of the steroids only, the his daughter died. Therefore, there are serious allegations against the petitioners, which require trial and prayed the Court to dismiss the petition.
8. Having regard to the rival submissions made by both the learned counsel and the material available on record, to quash the proceedings under Section 482 of Cr.P.C, the Court has to see whether the averments in the complaint prima facie shows that it constitute the offence as alleged by the Police.
9. At this stage, it is pertinent to note the Judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Surendra Kori 1, wherein in paragraph No.14, it is held as follows:
"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 1 (2012) 10 Supreme Court Cases 155 6 SKS,J Crl.P.No.8529 of 2024 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."
10. Reverting back to the facts of the present case, the petitioner No.1 harassed the deceased by demanding additional dowry and he always used to come to home in drunken condition. He forced the deceased to drink alcohol by forcing it down her throat. In the year 2019, when the deceased fallen sick due to stress, petitioner No.1 mislead the doctors and given unnecessary steroid dosages. Therefore, the allegations leveled against the petitioners are serious in nature. Further, a perusal of the record reveals that the investigation is not yet concluded and without investigation, this Court cannot conclude that it is a false case and the cause of death has to be investigated by the Police. Therefore, at this stage, proceedings cannot be quashed against the petitioners.
11. In view of the above discussion as well as the law laid down in Surendra Kori (supra), this Court does not find any 7 SKS,J Crl.P.No.8529 of 2024 merit in the criminal petition to quash the proceedings against the petitioners and the same is liable to be dismissed.
12. Accordingly, the criminal petition is dismissed.
Miscellaneous applications, if any pending, shall also stand closed.
___________ K. SUJANA Date: 03.06.2024 SAI