Padma Srinivas vs State Of Telangana
2023 Latest Caselaw 2025 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

            CRIMINAL PETITION No.8546 of 2023

ORDER:

This Criminal Petition is filed under Section 482 of

the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')

by the petitioner/accused No.2 to quash

the proceedings against him in C.C.No.2986 of 2020

pending on the file of the V Additional First Class

Magistrate at Warangal, which was taken cognizance for

the offences punishable under Section 498-A and 506

of IPC.

02. Heard learned counsel for the petitioner and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

03. The facts of the case are that basing on the

complaint given by respondent No.2, a case was registered

against her husband and the petitioner herein vide FIR

No.47 of 2020 dated 11.06.2020 on the file of WPS

Warangal City Police Station, Warangal Urban District. The

complaint discloses that respondent No.2 got married with

one Gopathi Srinivasa Reddy (accused No.1) on 06.11.2019

and it is second marriage for both accused No.1 as well as

respondent No.2. The report further discloses that on the

demand of accused No.1, the parents of respondent No.2

gave him dowry of Rs.1.00 Lakh net cash, ½ thula gold

ring, ½ thula gold chain and household articles. It is

further alleged in the complaint that accused No.1

harassed her physically and mentally demanding to sell the

property in the name of her first husband and to give

money to him and also threatened to kill her with the

instigation of accused No.2, who is colleague of accused

No.1.

04. It is the specific contention of the learned

counsel for the petitioner that the petitioner/accused No.2

is no way related to accused No.1 and he is not a family

member of accused No.1 and he is only a mediator for the

marriage of respondent No.2 and accused No.1. It is his

further contention that the petitioner is falsely implicated

in the case and therefore, prayed to quash the proceedings

against him.

05. On the other hand, learned Assistant Public

Prosecutor contended that it is not a fit case to quash the

proceedings in C.C.No.2986 of 2020 against the petitioner

at this juncture as police have duly investigated the case

and laid charge sheet against accused No.1 and the matter

has to be decided after conducting trial by the Court below.

06. Taking into consideration the fact that the

petitioner is not a family member of accused No.1 in order

to attract the offence under Section 498-A of IPC, the

appearance/attendance of the petitioner/accused No.2

before the V Additional Judicial First Class Magistrate at

Warangal, in C.C.No.2986 of 2020 is dispensed with,

unless his presence is required by the trial Court for a

specific purpose, or at the time of recording his

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

pronouncement of Judgment. However, the petitioner/

accused No.2 is 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: 05-09-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8546 OF 2023

Date: 05-09-2023 GVL