Budala Anitha vs The State Of Telangana
2023 Latest Caselaw 2056 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.8607 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 to 5 to quash the

proceedings against them in C.C.No.125 of 2023 pending

on the file of the Judicial First Class Magistrate at

Banswada, which has taken cognizance of offences

punishable under Section 498-A of IPC and Sections 3 and

4 of Dowry Prohibition Act.

02. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1-State. Perused the record.

03. The brief facts of the case are that respondent

No.2 is the wife of accused No.1 and petitioners/accused

Nos.2 to 5 are family members of accused No.1. Accused

No.1 on the instigation of petitioners, has been harassing

respondent No.2 physically and mentally and demanding

additional dowry and also beat her. Further, accused No.1

and his family members have not at all been looking after

the welfare of respondent No.2, for which, she was

constrained to file a report before the police, which was

registered as FIR No.163 of 2022 for the offences

punishable under Section 498-A of IPC and Sections 3 and

4 of Dowry Prohibition Act.

04. It is the contention of the learned counsel for

the petitioners that the petitioner Nos.1 and 2 are old aged

parents of accused No.1 and correspondently, in-laws of

respondent No.2 and that petitioner Nos.3 and 4 are family

members of accused No.1 and they are falsely implicated in

this case. It is his contention that the petitioners are

innocent and there were no specific overt acts against them

except bald allegations that on their instigation, accused

No.1 has harassed respondent No.2 and therefore, prayed

to quash the proceedings against them.

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. 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 after conducting trial by the Court below.

06. Taking into consideration the fact that the

petitioner Nos.1 and 2/accused Nos.2 and 3 are senior

citizens and old aged parents of accused No.1 and

petitioner Nos.3 and 4/accused Nos.4 and 5 are family

members of accused Nos.1 and that no specific overt acts

are leveled against them, the appearance/attendance of

petitioners/accused Nos.2 to 5 before the Judicial First

Class Magistrate at Banswada, in C.C.No.125 of 2023 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 to 5 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: 06-09-2023 gvl