T. Venkat Reddy vs State Of Telangana
2023 Latest Caselaw 3266 Tel

 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.10325 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.5 and 8 to 10 to quash the

proceedings against them in C.C.No.9721 of 2022 pending on

the file of the learned IV Additional Chief Metropolitan

Magistrate, Hyderabad, for the offences under Sections 354,

354(B), 324, 341, 504, 506, 379 and 452 r/w Section 149 of

Indian Penal Code.

2. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1- State. Perused the record.

3. It is the specific contention of the learned counsel for the

petitioners that the marriage of respondent No.2 was

performed with accused No.4 as per Hindu Rites and Customs

at Hotel Kinnera Gardens, Habsiguda, on 08.12.2021 in the

presence of caste elders, relatives and friends. At the time of

marriage accused No.1 has given Rs.8,00,000/- as dowry, GAC,J Crl.P.No.10325 of 2023

Gold ornaments worth of Rs.10,00,000/-, silver and

household articles, further worth of Rs.5,00,000/- and he also

spent Rs.5,00,000/- for engagement function and

Rs.15,00,000/- for marriage and also given Rs.2,00,000/- as

'Adapaduchukatnam' and in total accused No.1 has spent an

amount of Rs.43,00,000/-. Further, disputes arose between

accused No.4 and respondent No.2 and respondent No.2 and

his parents started harassing accused No.4 for additional

dowry. Hence, accused No.4 lodged a complaint against

respondent No.2, his parents and his sister in Women Police

Station, Guntur, under Section 498-A and Sections 5 and 6 of

Dowry Prohibition Act, 1961.

4. It is the further contention of the learned counsel for the

petitioners that the petitioners acted as mediators for settling

the disputes between accused Nos.1 to 4 and respondent No.2

herein. It is also the contention of the learned counsel for the

petitioners that due to pre planned strategy, respondent No.2

and his family members incrimated the petitioners and other

accused and a false complaint is filed for outraging the

modesty of women including other offences. Infact, no such GAC,J Crl.P.No.10325 of 2023

incident took place as narrated in the complaint. It is also the

contention of the learned counsel for the petitioners that the

petitioners are innocent and a false complaint has been foisted

against them along with other accused. Therefore, he prayed

to quash the proceedings against them.

5. On the other hand, learned Assistant Public Prosecutor

contended that after due investigation, police have filed charge

sheet. Therefore, it is not a fit case to quash the proceedings

against the petitioners at this juncture, as the matter has to

be decided after conducting trial by the Court below.

6. On a perusal of the charge sheet, this Court is of the

view that truth or otherwise of the allegations made against

the petitioners can be decided only after conducting trial.

Hence, this Court is not inclined to interfere with the

proceedings against the petitioners.

7. Taking into consideration the fact that only general

allegations are leveled against the petitioners/accused Nos.5

and 8 to 10, their appearance/attendance before the learned

IV Additional Chief Metropolitan Magistrate, Hyderabad, in GAC,J Crl.P.No.10325 of 2023

C.C.No.9721 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. Further, the

petitioners are at liberty to file an application seeking

discharge and on such application being filed, the trial Court

shall dispose of the same on merits within a period of three

(03) weeks, without being influenced by any of the

observations made by this Court in the present order.

8. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 17.10.2023 vsl GAC,J Crl.P.No.10325 of 2023

THE HON'BLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.10325 of 2023 Date: 17.10.2023

vsl