Citation : 2026 Latest Caselaw 632 Tel
Judgement Date : 10 April, 2026
IN THE HIGH COURT OF JUDICATURE FOR THE STATE OF
TELANGANA
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
CRIMINAL PETITION No. 5630 OF 2025
10.04.2026
Between:
Prudhvi Gade & others
..... Petitioners
And
The State of Telangana,
Rep. by Public Prosecutor,
High Court of Telangana at Hyderabad & another
..... Respondents
O R D E R:
Petitioners are Accused 1 to 7 in C.C.No. 4287 of
2024 on the file of the I Additional Junior Civil Judge-cum-I
Additional Judicial Magistrate of I Class, Hanamkonda (FIR No.
219 of 2024 on the file of Dharmasagar Police Station) for the
offences under Sections 318(4), 85, 115(2), 292, 351(2), 324(2)
read with 3(5) BNS and Sections 3 and4 of Dowry Prohibition
Act.
2. Petitioner No.1 is husband of Respondent No.2 and
Petitioners 2 to 7 are her in-laws. Petitioners state that
prosecution registered the above case on the grounds of
cheating a married woman and subjecting her to cruelty by
husband or relatives of husband, causing mental and physical
harassment to meet the demand of additional dowry, etcetera.
According to petitioners, the allegations made by the 2nd
respondent are all false and the present complaint is filed only
to take revenge particularly on the ground that Accused No.1
should not look after the welfare of their parents. It is stated,
there is no evidence to support the accusations made in the FIR
insofar as petitioners 2 to 7 who are parents, sisters, brothers-
in-law of Accused No.1 - husband . Inclusion of their names is
solely intended to harass and malign the reputation of
petitioners' family.
2.1. It is stated, the allegations even if they are taken at
their face value and accepted in their entirety, they do not prima
facie constitute any offence or make out a case against
petitioners. Hence, petitioners seek to quash the proceedings in
C.C.No. 4287 of 2024.
3. Heard Sri Kandukuri Pradeep, learned counsel for
petitioners and Dr. Surepalli Prashanth, learned Assistant
Public Prosecutor on behalf of Respondent No.1. Learned
counsel for petitioners had taken out personal notice on
Respondent No.2 by RPAD but the same was returned un-
served with an endorsement 'refused' and a memo was filed to
that effect.
4. It is well-settled that when a prayer for quashing
the FIR is made by the alleged accused, the Court, in exercise of
the power under Section 482 Cr.P.C., has to consider whether
or not the allegations in the FIR disclose commission of a
cognizable offence and is not required to consider on merits
whether the allegations make out a cognizable offence or not
and the Court has to permit the Investigating agency / police to
investigate the allegations in the FIR. The High Courts in
exercise of such power, has to quash the proceedings in
criminal case in rarest of rare cases with extreme caution.
5. Based on the complaint lodged by Respondent No.2,
Dharmasagar police filed the First Information Report and after
investigation, it is stated, they filed the charge sheet numbered
as C.C.No. 4287 of 2024 on the file of the I Additional Judicial
Civil Judge-cum-I Additional Judicial Magistrate of I Class,
Hanmakonda. The prosecution put forth their case alleging that
Accused 1 to 3 cheated Respondent No.2 at time of marriage
stating that Accused No.1 had a railway job and was undergoing
training in Delhi and Calcutta, however, after two months,
Respondent No.2 came to know that Accused No.1 did not have
any job, thus he cheated him; Accused persons physically and
mentally harassed Respondent No.2 to bring additional dowry,
used to lock her in the house and they kept her under house
arrest for about two months; when parents of Respondent No.2
tried to interfere, Accused abused them. It is stated, after
Respondent No.2 conceived, the behavior of Accused did not
change; during seemantam function at her parents' house,
Accused No.1 punched her in the stomach and broke plastic
chairs, kicked doors and created nuisance.
6. From a perusal of the material, it is to be seen that
the allegations made in the FIR constitute prima facie the
offences alleged against petitioners. However, the truth or
otherwise of the same would be decided during trial in C.C.No.
4287 of 2024. In view of the same, this Court is not inclined to
quash the proceedings, as prayed for, at this stage.
7. The Criminal Petition is therefore, dismissed.
8. Consequently, the miscellaneous Applications, if
any shall stand closed.
------------------------------------- NAGESH BHEEMAPAKA, J 10th April 2026
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