Guguloth Rajesh vs The State Of Telangana
2024 Latest Caselaw 118 Tel

Telangana High Court

Guguloth Rajesh vs The State Of Telangana on 8 January, 2024

        HONOURABLE SMT JUSTICE T. MADHAVI DEVI

          CRIMINAL PETITION Nos.6665 & 7278 OF 2023


COMMON ORDER:

In these Criminal Petitions, filed under Section 482 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C.'), the petitioners, who are

arrayed as accused Nos.1 to 4, are seeking quash of the proceedings

against them in C.C.No.808 of 2022 on the file of the Court of Junior

Civil Judge, Dharmapuri.

2. In both the Criminal Petitions, the case of the petitioners is that

there was only a proposal to perform the marriage of the daughter of the

defacto complainant/respondent No.2 herein with the petitioner in

Criminal Petition No.6665 of 2023/accused No.1. However, the said

proposal was refused and there was no engagement or any sort of

agreement between the parties, but, without any basis a complaint has

been registered against the petitioners herein.

3. It is submitted by learned counsel for the petitioners that the

petitioner in Criminal Petition No.6665 of 2023 has been selected to the TMD, J

Crl.P.Nos.6665 & 7278 of 2023

post of Inspector of Police and only due to the pendency of the present

crime against him, he is unable to go for the training.

4. Learned counsel for respondent No.2/defacto complainant

submitted that there was engagement between the daughter of the

defacto complainant and accused No.1 and the defacto complainant has

given a sum of Rupees One lakh as dowry at the time of engagement.

He further submitted that the trial is in progress before the trial Court

and the witnesses who were examined till now have deposed about the

said engagement between accused No.1 and the daughter of the defacto

complainant. He seeks time to file counter-affidavits in both the

Criminal Petitions.

5. It is noticed by this Court that in both the Criminal Petitions,

notices were served on respondent No.2/defacto complainant in the

months of July and August, 2023 and the respondent No.2 has entered

appearance in the month of September, 2023, but he has not chosen to

file counter-affidavit till now and since the issue herein is covered by the

orders of this Court and also of the co-ordinate Bench at Karnataka, this

Court is not inclined to grant any further time to the learned counsel for

respondent No.2 to file counter-affidavit.

TMD, J

Crl.P.Nos.6665 & 7278 of 2023

6. In view of the fact that the issue involved in this case is already

covered by the judgment rendered by a Co-ordinate Bench of this Court

in Criminal Petition No.5706 of 2019, dated 23.8.2022, wherein the

decision of a Co-ordinate Bench of High Court of Karnataka in the case

of Sri Venkatesh and others Vs. State of Karnataka and Smt Gulzar

GP 1 has been taken into consideration, and it was held that a promise of

marriage and breach thereof- will not attract the provisions of Sections

417 and 420 IPC, this Court is inclined to quash the proceedings in the

aforesaid C.C. against the petitioners herein.

7. Accordingly, both the Criminal Petitions are allowed. The

proceedings against the petitioners in C.C.No.808 of 2022 on the file of

the Court of Junior Civil Judge, Dharmapuri, are hereby quashed.

8. Pending miscellaneous petitions, if any, in these Criminal

Petitions shall stand closed.

___________________________ JUSTICE T. MADHAVI DEVI 08.01.2024 dr

2022 Livelaw (Kar) 24