Smt. Ropolu Kavitha, Rajitha And 2 ... vs The State Of Telangana And Anothers
2024 Latest Caselaw 2198 Tel

Citation : 2024 Latest Caselaw 2198 Tel
Judgement Date : 12 June, 2024

Telangana High Court

Smt. Ropolu Kavitha, Rajitha And 2 ... vs The State Of Telangana And Anothers on 12 June, 2024

         THE HONOURABLE SMT JUSTICE K. SUJANA
              CRIMINAL PETITION No.5833 OF 2022

ORDER:

This Criminal Petition is filed under Section 482 of the

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

the proceedings against the petitioners/accused Nos.4, 5 and 6

in PRC.No.11 of 2020 pending on the file of the XXIV

Metropolitan Magistrate, Hayathnagar, Cyberabad, at LB Nagar,

registered for the offence punishable under Section 304-B of the

Indian Penal Code, 1860 (for short 'the IPC').

2. The brief facts of the case are that the respondent

NO.2/de facto complainant lodged a complaint stating that in a

grand manner she performed the marriage of her elder daughter

(deceased) and gave 15 tulas of gold, one gold ring and one gold

chain, furniture and other household articles towards dowry. It

is stated that for about four months the deceased lead her

martial life happily but thereafter, her husband along with his

mother and sisters (petitioner Nos.1 & 2/accused Nos.4 and 5)

began to harass the deceased mentally and physically

demanding additional dowry. After a while, the husband of

petitioner No.2/accused No.5 who is petitioner No.3/accused

SKS,J Crl.P.No.5833 OF 2022

No.6 also began to harass the deceased. It is alleged that due to

the said unbearable harassment, the deceased and her husband

decided to part ways but ultimately, the husband of the

deceased convinced her to lead conjugal life stating that his

family would not demand additional dowry and would never

harass her. However, the attitude of the in laws of the deceased

had no change and they continued to harass her time and

again. It is further alleged that on 26.02.2020 the deceased

informed the respondent No.2 about the harassment and her

fear, to which the respondent No.2 pacified her and then

immediately asked her brother in law to move to the house of

the deceased and check on her wellness and when he went

there he noticed that the daughter of respondent No.2 was lying

near bathroom in the first floor and was dead. He immediately

informed the same to the respondent NO.2.

3. On receipt of said complaint, the Police investigated the

matter and on completion of due investigation a charge sheet

was filed against the petitioners whereunder, the petitioners

were arrayed as accused Nos.4, 5 and 6. Aggrieved thereby, this

Criminal Petition is filed.

SKS,J Crl.P.No.5833 OF 2022

4. Heard Sri Sanjeeva Reddy Gorlapati, learned counsel for

petitioners/accused Nos.4, 5 and 6, and Sri S.Ganesh, learned

Assistant Public Prosecutor, appearing for respondent

No.1 - State. No representation on behalf of respondent No.2.

5. Learned counsel for the petitioners submitted that the

respondent No.2 filed a false, imaginary and concocted

complaint against the petitioners with an intention to harass

them. He contended that in the whole complaint, the names of

petitioners are included in casual manner and no specific

allegations are leveled particularly against them. He asserted

that the petitioners were no way concerned with the alleged

harassment of deceased. He reiterated that only with an

intention to implicate the petitioners in false case, the

respondent No.2 has lodged the complaint. Therefore, prayed

this Court to quash the proceedings against the petitioners.

6. On the other hand, the learned Assistant Public

Prosecutor, submitted that the allegations levelled against the

petitioners are with regard to physical and mental harassment,

demand of additional dowry which ultimately resulted in the

death of daughter of respondent No.2, and the said allegations

SKS,J Crl.P.No.5833 OF 2022

being serious in nature, the matter requires full fledged trial.

Therefore, prayed the Court to dismiss the petition.

7. Having regard to the rival submissions made and on going

through the material placed on record, it is noted that during the

investigation of the matter, the Police found that being vexed on

her life due to the unbearable torture by the petitioners/accused

Nos.4 to 6, the deceased committed suicide in the bathroom by

hanging herself to the shower rod with a chunni and when the

accused No.1 who is her husband noticed the same, he has

impulsively attempted to commit suicide due to fear by hanging

himself to the ceiling fan with a bed sheet. However, the accused

persons noticed the same and immediately shifted him to the

hospital for treatment.

8. At this stage, it is imperative to mention that to quash the

proceedings under Section 482 of Cr.P.C, the Court has to see

whether the averments in the complaint prima facie shows that

it constitute the offence against the accused persons, as alleged

by the Police. That being so, it is pertinent to note the judgment

of the Hon'ble Supreme Court in State of Madhya Pradesh vs.

SKS,J Crl.P.No.5833 OF 2022

Surendra Kori 1, wherein in paragraph No.14 it is held as

follows:

"The High Court in exercise of its powers under

Section 482 Cr.P.C. does not function as a Court

of appeal or revision. This Court has, in several

judgments, held that the inherent jurisdiction

under Section 482 Cr.P.C., though wide, has to

be used sparingly, carefully and with caution.

The High Court, under Section 482 Cr.P.C.,

should normally refrain from giving a prima facie

decision in a case where the entire facts are

incomplete and hazy, more so when the evidence

has not been collected and produced before the

Court and the issues involved, whether factual

or legal, are of wide magnitude and cannot be

seen in their true perspective without sufficient

material."