Bachali Narsimulu vs The State Of Telangana
2023 Latest Caselaw 2063 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

           CRIMINAL PETITION No.8593 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 petitioner/accused No.4 to quash the proceedings

against her in C.C.No.200 of 2023 pending on the file of the

Junior Civil Judge-cum-Judicial First Class Magistrate at

Parigi, which has taken cognizance for the offences

punishable under Section 498-A and 494 of IPC and

Sections 3 and 4 of Dowry Prohibition Act, 1961.

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 brief facts of the case are that marriage of

respondent No.2 was performed with the son of petitioner

on 13.07.2022 at Venkateshwara Temple situated at Parigi

village. It is alleged that at the time of marriage, on demand

of accused No.1 and his family members, the parents of

respondent No.2 gave net cash of Rs.8,00,000/-, 3 tulas of

gold and other house hold articles as dowry to accused

No.1 and later respondent No.2 and accused No.1 lived

happily for a period of 8 months. It is further alleged that

accused No.1 demanded the parents of respondent No.2 for

additional dowry and also started harassing her physically

and mentally. One more allegation against the petitioner

and others is that they supported accused No.1 for

harassing respondent No.2 for additional dowry. Basing on

the complaint, the present case was filed against the

petitioner and others.

04. It is the contention of the learned counsel for

the petitioner that the petitioner was falsely implicated in

the case basing on the report of respondent No.2 as

petitioner is father of accused No.1, who is none other than

the husband of respondent No.2. It is his further

contention that except bald allegations that the petitioner

has supported accused No.1, there is no specific overt acts

against the petitioner, however, the police have

mechanically investigated the case and filed charge sheet

against the petitioner. Therefore, prayed to quash the

proceedings against the petitioner/accused No.4.

05. On the other hand, learned Assistant Public

Prosecutor vehemently opposed to quash the proceedings

against the petitioner as police have investigated the case

and filed charge sheet against her. He further contended

that it is not a fit case to quash the proceedings against the

petitioner at this juncture and the matter has to be decided

after conducting trial by the Court below.

06. Taking into consideration the fact the

petitioner/accused No.4 is father of accused No.1 and also

no specific overt acts are leveled against him, the

appearance/attendance of petitioner/accused No.4 before

the Junior Civil Judge-cum-Judicial First Class Magistrate

at Parigi, in C.C.No.200 of 2022 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.4 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: 06-09-2023 gvl

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8593 OF 2023

Date: 06-09-2023 GVL