Telangana High Court
Smt. Ropolu Kavitha, Rajitha And 2 ... vs The State Of Telangana And Anothers on 12 June, 2024
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION No.5833 OF 2022
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos.4, 5 and 6 in PRC.No.11 of 2020 pending on the file of the XXIV Metropolitan Magistrate, Hayathnagar, Cyberabad, at LB Nagar, registered for the offence punishable under Section 304-B of the Indian Penal Code, 1860 (for short 'the IPC').
2. The brief facts of the case are that the respondent NO.2/de facto complainant lodged a complaint stating that in a grand manner she performed the marriage of her elder daughter (deceased) and gave 15 tulas of gold, one gold ring and one gold chain, furniture and other household articles towards dowry. It is stated that for about four months the deceased lead her martial life happily but thereafter, her husband along with his mother and sisters (petitioner Nos.1 & 2/accused Nos.4 and 5) began to harass the deceased mentally and physically demanding additional dowry. After a while, the husband of petitioner No.2/accused No.5 who is petitioner No.3/accused 2 SKS,J Crl.P.No.5833 OF 2022 No.6 also began to harass the deceased. It is alleged that due to the said unbearable harassment, the deceased and her husband decided to part ways but ultimately, the husband of the deceased convinced her to lead conjugal life stating that his family would not demand additional dowry and would never harass her. However, the attitude of the in laws of the deceased had no change and they continued to harass her time and again. It is further alleged that on 26.02.2020 the deceased informed the respondent No.2 about the harassment and her fear, to which the respondent No.2 pacified her and then immediately asked her brother in law to move to the house of the deceased and check on her wellness and when he went there he noticed that the daughter of respondent No.2 was lying near bathroom in the first floor and was dead. He immediately informed the same to the respondent NO.2.
3. On receipt of said complaint, the Police investigated the matter and on completion of due investigation a charge sheet was filed against the petitioners whereunder, the petitioners were arrayed as accused Nos.4, 5 and 6. Aggrieved thereby, this Criminal Petition is filed.
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SKS,J Crl.P.No.5833 OF 2022
4. Heard Sri Sanjeeva Reddy Gorlapati, learned counsel for petitioners/accused Nos.4, 5 and 6, and Sri S.Ganesh, learned Assistant Public Prosecutor, appearing for respondent No.1 - State. No representation on behalf of respondent No.2.
5. Learned counsel for the petitioners submitted that the respondent No.2 filed a false, imaginary and concocted complaint against the petitioners with an intention to harass them. He contended that in the whole complaint, the names of petitioners are included in casual manner and no specific allegations are leveled particularly against them. He asserted that the petitioners were no way concerned with the alleged harassment of deceased. He reiterated that only with an intention to implicate the petitioners in false case, the respondent No.2 has lodged the complaint. Therefore, prayed this Court to quash the proceedings against the petitioners.
6. On the other hand, the learned Assistant Public Prosecutor, submitted that the allegations levelled against the petitioners are with regard to physical and mental harassment, demand of additional dowry which ultimately resulted in the death of daughter of respondent No.2, and the said allegations 4 SKS,J Crl.P.No.5833 OF 2022 being serious in nature, the matter requires full fledged trial. Therefore, prayed the Court to dismiss the petition.
7. Having regard to the rival submissions made and on going through the material placed on record, it is noted that during the investigation of the matter, the Police found that being vexed on her life due to the unbearable torture by the petitioners/accused Nos.4 to 6, the deceased committed suicide in the bathroom by hanging herself to the shower rod with a chunni and when the accused No.1 who is her husband noticed the same, he has impulsively attempted to commit suicide due to fear by hanging himself to the ceiling fan with a bed sheet. However, the accused persons noticed the same and immediately shifted him to the hospital for treatment.
8. At this stage, it is imperative to mention that 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 against the accused persons, as alleged by the Police. That being so, it is pertinent to note the judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. 5 SKS,J Crl.P.No.5833 OF 2022 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 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."
9. In the present case, it is noted that as per the complaint and charge sheet averments and the statements of witnesses, the deceased has committed suicide, allegedly, due to the unbearable harassment on the part of the petitioners/accused Nos.4 to 6. That being so, though the learned counsel for the petitioners contended that the petitioners who are from the 1 (2012) 10 Supreme Court Cases 155 6 SKS,J Crl.P.No.5833 OF 2022 family of accused No.1/husband of the deceased, are falsely implicated in this case, it is noted that in the statements of witnesses there are specific allegations against them which require trial. Therefore, this Court is of the view that the said contention has no force.
10. In view of the above discussion and having regard to the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh (supra), this Court is of the opinion that the matter requires full-fledged trial and there are no merits in the criminal petition to quash the proceedings against the petitioner/accused and the same is liable to be dismissed.
11. Accordingly, the criminal petition is dismissed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 12.06.2024 PT