D.Satish Kumar vs The State Of Telangana
2025 Latest Caselaw 3049 Tel

Telangana High Court

D.Satish Kumar vs The State Of Telangana on 12 March, 2025

       THE HONOURABLE SRI JUSTICE K.SURENDER

         CRIMINAL PETITION No.12554 OF 2024

ORDER:

This Criminal Petition is filed by the

petitioners/accused Nos.1 to 3 to call for the records

pertaining to C.C.No.242 of 2016 on the file of the XV

Additional Chief Metropolitan Magistrate Court at

Hyderabad and to quash the same.

2. Heard learned counsel for the petitioners and

Sri M.Vivekananda Reddy, learned Assistant Public

Prosecutor for respondent-State. Perused the record.

3. The petitioners are questioning the continuation of

proceedings in C.C.No.242 of 2016 on the file of the XV

Additional Chief Metropolitan Magistrate Court at

Hyderabad, for the alleged offences under Sections 498-A

and 506 of the Indian Penal Code, 1860 and Sections 4

and 6 of the Dowry Prohibition Act, 1961.

4. The complaint was filed on 16.07.2016 by respondent

No.2 alleging that the petitioners subjected her to

KS,J CRLP_12554_2024

harassment after the marriage. The marriage was on

02.11.2012.

5. Having gone through the charge sheet and

statements, several allegations are leveled against the

petitioners.

6. The only ground urged by the learned counsel for the

petitioners, appearing online, is that the Hon'ble Supreme

Court in the case of Mohammad Miyan and others v.

State of Uttar Pradesh 1 held on facts that when vague

allegations are leveled against the in-laws and further the

complaint was filed after four years of divorce, Section 498-

A IPC cannot be maintained, but prosecution under other

penal provisions is maintainable.

7. Facts differ in the present case. The divorce was

obtained by accused No.1 nearly six years after the charge

sheet was laid. The judgment cited by the learned counsel

for the petitioners is not applicable to the present facts.

(2019) 13 SCC 398

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8. Accordingly, the Criminal Petition is dismissed.

Miscellaneous Petitions pending, if any, shall stand

closed.

___________________ K.SURENDER, J Date: 12.03.2025 PRN

KS,J CRLP_12554_2024

THE HONOURABLE SRI JUSTICE K.SURENDER

CRIMINAL PETITION No.12554 OF 2024

Date: 12.03.2025 PRN