Rani Desmt Rani Devi Jain vs The State Of Telangana And Another
2023 Latest Caselaw 761 Tel

     THE HONOURABLE SRI JUSTICE K.SURENDER

        CRIMINAL PETITION No.1453 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 - Accused Nos.2 and 3 to quash the proceedings

against them in connection with Crime No.24 of 2023

pending on the file of Station House Officer, Narayanguda

Police Station, Hyderabad. The offence alleged against them

is under Section 304 - B of the Indian Penal Code.

2. Heard learned counsel for the petitioners - Accused

Nos.2 and 3 and learned Additional Public Prosecutor for the

respondent - State. Perused the material on record.

3. The respondent No.2, who is the father - in - law of

accused No.1 filed complaint stating that accused No.1 was

married to his deceased daughter in the year 2019. At the

time of marriage, dowry was also given. The petitioners

herein, who are arrayed as accused Nos.2 and 3 are the

parents of accused No.1. According to the complaint, after

marriage of accused No.1 with the deceased, she was

constantly being harassed for additional dowry. It is further

stated that the deceased daughter and accused No.1 were

living separately at Narayanaguda in a flat. The said

incident of suicide occurred at Narayanaguda.

4. Learned counsel for the petitioners would submit that

these petitioners are living separately in another house at

Begum Bazar. Further, learned counsel for the petitioners

relied on the judgment of Hon'ble Supreme Court in Neelu

Chopra and another Vs. Bharti1 and as per the said

judgment, bald allegations leveled cannot be made basis for

prosecuting the relatives of the husband.

5. Learned Additional Public Prosecutor for respondent -

State, on the other hand would submit that this Court under

Section 482 of the Cr.P.C. cannot order not to arrest the

petitioners, in view of the judgment of the Hon'ble Supreme

Court in Neeharika Infrastructure Private Limited Vs. State of

Maharastra and Ors.2, which was subsequently followed by

the Hon'ble Supreme Court in Priyanka Yadav's case.

(2009) 10 Supreme Court Cases 184

2021 SCC Online SC 315

Learned Additional Public Prosecutor has also relied upon

the judgment in Siddharth Muskesh Bhandari Vs. The State

of Gujarat and Ors3. in which the Hon'ble Supreme Court has

clearly stated that staying investigation under Section 482 of

IPC was not warranted, following the order of Neeharika

Infrastructure Private Limited Vs. State of Maharastra and

Ors.

6. As seen from the allegations in the complaint and also

the averments made in the remand report, it is mentioned

that these petitioners were staying at Begum Bazaar.

Admittedly, the alleged incident had taken place at

Narayanguda, when the 2nd respondent's deceased daughter

and accused No.1 were living separately. In the entire

complaint, there is no specific allegation as how the

petitioners were involved in any manner prior to the

commission of suicide by the deceased. There is no incident

of involvement of these petitioners soon before the

commission of suicide by the deceased. Accepting

allegations, offence under Section 498-A of the Indian Penal

Criminal Appeal No.1044 of 2022

Code would be attracted against the petitioners. Admittedly,

the petitioners were living separately at Begum Bazaar.

7. In the said circumstances, this Court deems it

appropriate to direct the Investigating Officer in Crime No.24

of 2023 on the file of Station House Officer, Narayanguda

Police Station, to conclude the investigation without taking

any coercive steps against the petitioner Nos.1 and 2 -

Accused Nos.2 and 3. Further, the petitioner Nos.1 and 2 -

Accused Nos.2 and 3 shall co-operate with the Investigating

Officer as and when required for the purpose of investigation.

8. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

_____________ K.SURENDER, J Date: 13.02.2023 rev