Vadla Pandari vs The State Of Telangana
2023 Latest Caselaw 3069 Tel

Citation : 2023 Latest Caselaw 3069 Tel
Judgement Date : 11 October, 2023

Telangana High Court

Vadla Pandari vs The State Of Telangana on 11 October, 2023

Bench: G.Anupama Chakravarthy

THE HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

             CRIMINAL PETITION No.6800 OF 2023

O R D E R:

This Criminal Petition is filed under Section 482 of Code of

Criminal Procedure (for short 'Cr.P.C.') by the petitioner/accused

to quash the proceedings against him in C.C.No.480 of 2023 on the

file of Special Judicial First Class Magistrate (Prohibition and

Excise) at Sangareddy, for the offences under Sections 427, 504

and 506 of the Indian Penal Code (for short 'IPC').

2. Heard Sri D.Sudharshan, learned counsel for the petitioner

and Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

3. The brief facts of the case are on 07.01.2023 at 17:40 hours,

respondent No.2 filed the present complaint against the petitioner

alleging that she along with her husband attended panchayathi of

her daughter-in-law and her husband (petitioner herein). In this

regard, the petitioner developed grudges against respondent No.2

and her husband. On 20.11.2022 at 14:20 hours, the petitioner

came to their house, picked up quarrel with them and abused

them in filthy language. Again on 01.12.2022, the petitioner came

to their house and damaged her car bearing No.TS 15 EJ 9959.

When respondent No.2 questioned the same, the petitioner abused

GAC, J Crl.P.No.6800 of 2023

her in filthy language and threatened her and her family members

with dire consequence. Aggrieved by the same, respondent No.2

was constrained to file the present complaint against the

petitioners.

4. Learned counsel for the petitioner contended that the

present case is nothing but a counter blast case to the case filed by

the petitioner and that the ingredients 427, 505 and 506 IPC are

not attracted against the petitioner; initially, a complaint vide FIR

No.951 of 2022 dated 13-12-2022 on the file of the Station House

Officer, Ramchandrapuram Police Station, Cyberabad, was filed by

the petitioner against respondent No.2, subsequently, the present

complaint is filed by respondent No.2 against the petitioner.

Thereafter, the police filed charge sheet in FIR No.951 of 2022 and

the same was numbered as STC No.1261 of 2023 and that the

husband of respondent No.2 was convicted vide order dated

05.06.2023. The operative portion of the said order reads as

follows:

"convicted A-1 to A-4 in the above STC case and they are sentenced to pay a fine of Rs.1,000/- each on each count i.e. Rs.1000/- each of the offences punishable under sections 323 and 507 IPC (total fine by each of convicts/A-1 to A-4 Rs.2,000/- each) and in default, each of them shall suffer simple imprisonment for one week on each count"

GAC, J Crl.P.No.6800 of 2023

To support his contentions, learned counsel for the

petitioner filed the judgment dated 05.06.2023 in STC No.1261 of

2023 passed by the Special Judicial Magistrate of Second Class at

Sangareddy and prayed to quash the proceedings against the

petitioner.

5. On the other hand, learned Assistant Public Prosecutor

contended that the police, after due investigation, filed charge

sheet and that it is not a fit case to be quashed at this juncture.

Therefore, prayed to dismiss the Criminal Petition.

6. In spite of service of notice, there is no representation on

behalf of respondent No.2. Therefore, the arguments of respondent

No.2 are treated as 'nil'.

7. On perusal of charge sheet, it is evident that respondent

No.2 is the victim and the husband of respondent No.2 is shown as

circumstantial witness in the charge sheet. Admittedly, there are

no eye witnesses to the incident and except the statement of

respondent No.2 recorded under Section 161 Cr.P.C., there is no