Anil Kumari vs The State Of Telangana
2023 Latest Caselaw 3106 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

        CRIMINAL PETITION No.10111 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

impugned proceedings against them in C.C.No.936 of 2022

pending on the file of the IX Metropolitan Magistrate at

Medhcal. The alleged offences against them are punishable

under Sections 498-A, 323, 504 of IPC and Sections 3 and

4 of Dowry Prohibition Act, 1961.

02. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

03. It is the specific contention of the learned

counsel for the petitioners that the petitioners are innocent

of the offences leveled against them. It is contended that

the de facto complainant was working in U.S and

immediately after the marriage, she returned back to India

and insisted accused No.1 to come to U.S on visiting Visa.

It is further contended that accused No.1 went to U.S, but,

however, returned back immediately due to ill health of his

mother i.e. petitioner No.1/accused No.2. It is further

contended that it is specifically mentioned in the complaint

that accused No.1 has forced the de facto complainant to

return India or otherwise accused No.1 would commit

suicide. It is further contended that petitioner No.1 was

the Principal of Mother Teresa School at R.K.Puram,

Secunderabad and she used to work as a Teacher as well

as a Principal and maintained a disciplined life and also

had made the career of many students; that the allegation

that petitioner No.1 had demanded dowry is utterly false

and all the allegations were being made only to harass the

petitioners to see that accused No.1 would go to US.

04. Learned counsel for the petitioners further

contended that accused No.1 travelled to UK on Job Visa

along with de facto complainant, for which the petitioners

had arranged an amount of Rs.35.00Lakhs. It is contended

that in fact, the de facto complainant stated that she would

withdraw the complaint, but, she did not do so and that

when the de facto complainant came to India for the death

ceremony of her father, the petitioners approached her and

asked to withdraw the complaint, but, she did not do so;

that the summons were served on the petitioners to appear

before the Court on 03.08.2023 and now the matter is

being posted to 30.01.2024 for their appearance; that the

petitioners are aged persons and are on medication; that

petitioner No.1 was hospitalized due to liver failure for a

period of one month and they are unable to attend the

Court and even sought for dispensing with their presence.

05. On the other hand, learned Assistant Public

Prosecutor vehemently opposed to quash the proceedings

against the petitioners as police have investigated the case

and filed charge sheet against them including accused

No.1. He further contended that it is not a fit case to quash

the proceedings against the petitioners at this juncture and

the matter has to be decided only after conducting trial by

the Court below.

06. Taking into consideration the fact that the

petitioners/accused Nos.2 and 3 are old aged and also

their medical ailments, the appearance/attendance of

petitioners/accused Nos.2 and 3 before the IX Metropolitan

Magistrate at Medhcal, in C.C.No.936 of 2022 is dispensed

with, unless their presence is required by the Trial Court

for a specific purpose, or at the time of recording their

examination under Section 313 Cr.P.C., and on the date of

pronouncement of Judgment. However, the petitioners/

accused Nos.2 and 3 are at liberty to file discharge petition

and on such petition being filed, the Trial Court shall

dispose of the same on merits within three (3) weeks from

the date of filing of the said petition, uninfluenced by any

of the observations made in this Order.

07. Accordingly, this Criminal Petition is disposed

of.

Pending miscellaneous applications, if any, shall

stand closed.

___________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 12-10-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10111 OF 2023

Date: 12-10-2023 GVL