Telangana High Court
Gottimukkala Sai Reddy vs The State Of Telangana on 25 April, 2023
Bench: K.Surender
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.654 OF 2023
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/A2 to A4 to quash the proceedings against them in
C.C.No.2723 of 2022 on the file of IV Additional Metropolitan
Magistrate-cum- IV Additional Junior Civil Judge at L.B.Nagar,
Rachakonda. The offences alleged against the petitioners are
under Sections 498-A of the Indian Penal Code and Sections 3 and
4 of the Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the respondent - State. Perused
the record.
3. The 2nd respondent filed a complaint saying that she married
Accused No.1 on 27.04.2018 and at the time of marriage, Rs.5
lakhs cash, 15 Tulas of gold and other articles were given. They
stayed happily for three months and thereafter 2nd respondent
gave birth to a girl. After returning from her mother's house, the
husband and these petitioners who are family members started
harassing her physically and mentally for additional dowry.
According to her she was staying along with her daughter in a
rented house at NFC Nagar. Unable to bear the harassment, she
has filed a complaint on 26.03.2022 which was registered and
charge sheet was filed.
4. In the complaint and the statements made, the allegations
leveled against these petitioners are that they were harassing the
2nd respondent physically and mentally for the purpose of
additional dowry.
5. Admittedly, the 2nd respondent and A1 were staying
separately. The said aspect is not in dispute. However, learned
counsel for the 2nd respondent would submit that there are several
other aspects which are not stated before the Police and the 2nd
respondent is inclined to state the same before the Court during
the course of trial. In the said circumstances prayed not to quash
the proceedings against the petitioners.
6. The crime was registered on 26.03.2022 and the 2nd
respondent was living separately. Further a written complaint was
given to the Police. In the said written complaint and also in the
statements recorded by the Police under Section 161 of Cr.P.C.,
except the bald allegations that these petitioners were harassing
physically and mentally for additional dowry, nothing specifically
is stated or any events are narrated. On perusal of the entire
material filed under Section 207 of Cr.P.C., by the Police, except
the bald allegations, there is nothing to infer that these petitioners
were responsible in any manner.
7. In Kahkashan Kausar @ Sonam and others v. State of
Bihar [(2022) 6 Supreme Court Cases 599], the Hon'ble Supreme
Court held that unless there are specific and distinct allegations
against the accused, the proceedings can be quashed. Under
Section 482 of Cr.P.C, the Court should be careful in proceeding
against relatives who are roped in on the basis of vague and
omnibus allegations.
8. The Hon'ble Supreme Court in the case of Preeti Gupta v.
State of Jharkhand [(2010) 7 Supreme Court Cases 667] held
that the Courts have to scrutinize the allegations made with great
care and circumspection, especially against husband's relatives
who were living in different cities and rarely have visited or stayed
with the couple.
9. In view of the aforesaid Judgments and since the 2nd
respondent and A1 living separately and bald allegations of
demand of additional dowry is made against the petitioners
herein, this Court is inclined to quash the proceedings against
these petitioners.
10. Accordingly, the Criminal Petition is allowed and the
proceedings against the petitioners/A2 to A4 in C.C.No.2723 of
2022 on the file of IV Additional Metropolitan Magistrate-cum-IV
Additional Junior Civil Judge at L.B.Nagar, Rachakonda, are
hereby quashed.
Miscellaneous applications pending, if any, shall stand
closed.
__________________
K.SURENDER, J
Date: 25.04.2023
tk
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.654 OF 2023
Dt.25.04.2023
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