Bochula ( Bochu) Vijay Rao v. The State Of Telangan

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY. THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 349 OF 2023 Between:

1. Bochula ( Bochu) Vijay Rao, S/o, Late B.Janardhan, Age. 28 years, Occ. Photographer

2. Bochula Anasuya, W/o. Late B- Janardhan, Age. 50 years, Occ. V.R.A,

3. Bochula Ajay, Sio Late B.Janardhan, Age. 25 years, Occ. Private Emoloyee, ( All the three R/o H.No. 3-41 SC wada, PachallaNadukuda Village, Velpur Mandal, Nizamabad District).

...Petitioners/Accused Nos. 1 to 3

AND

1. The State of Telangana, Represented by its Public Prosecutor, High Court, Through. SHO, P.S. Armoor

2. Konda @ Bochula Nakshatra, Wo. Vijay Rao, Age. 19 years, Occ. House wife, Caste. MadigaH.No. 9-06, Yogeshwar Colony, Armoor

...Respondents

Petition under Section 482 of Cr. P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR No.429 ol 2022, dated 22-10-2022 on the file of P.S., Armor, Nizamabad District, against the Petitioners/Accused. l.A. NO: 1OF 2023 Petition under Section 482 of Cr. P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceeding; in FIR No.429 of 2022, dated 22-10-2022 on the file of P.S., Armoor, Nizamabad District including the appearance of the Accused till the disposal of the Main Quash Petition in the interest of the .iustice.

This Petition coming on for hearing, upon perusing'the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri N. SRUSHMAN REDDY, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No. 2 The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.349 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, t973 (for short'Cr.P.C.) by the petitionersAccused Nos.1 to 3 to quash the proceedings against them in FIR No.429 of 2022 pending on the file .of Station House Officer, Armoor Police Station, Nizamabad, filed for the offences punishable under Sections 498-A and 354 of Indian Penal Code (for short "IPC') and Sections 3 and 4 of POCSO Act,2012. 2.

Heard learned counsel for the petitioners - Accused and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.

3.

The 2nd respondent - de facto complainant is the wife of 1st petitioner herein.

4.

According to the complaint of znd respondent dated 22.10.2022, she was married to the 1't petitioner on 21.10.2021 though she was not interested. Thereafter, the petitioner started

a harassing her for property and a car and a camera were also given. However, the petitioner did not change his attitude in harassing the 2nd respondent.

Since the 2"d respondent claimed that she was aged less than years, the crime was registered under Sections 3 and 4 of POCSO Act.

6.

However, as seen from the certificate of marriage, the 2nd respondent was aged 19 years, when the marriage took place. Predominantly, the contents of the complaint reflect that there were marital disputes between the 1tt petitioner and 2"d respondent.

7.

In the said circumstances, the Investigating Officer in respect of FIR No.429 of 2022 pending on the file of Station House Officer, Armoor Police Station, Nizamabad, shall conclude investigation without taking any coercive steps against the petitioners - Accused. Further, the petitioners Accused shall co-operate with the Investigatlng Officer as and when required for the purpose of investigation.

Accordingly, the Criminal petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. SD/- V. KAVITHA ASSISTANT REGISTRAR 'rt, SECTION OFFICER l I //TRUE COPY// To, 1 . The Judicial First Class Magistrate at Armoor.

2. The Station House Officer, Armoor Police Station, Nizamabad District.

3. Two CCs to Additional Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to SRl. N. SRUSHMAN REDDY, Advocate [OPUC]

5. Two CD Copies PSR Qr{

HIGH COUFIT KS,J DATED:111A1/2023

ORDER

CRLP.No.349 of 2023 1'r',E S T4 )-4:

2 3 Jilt 7[Z] € * o5 DISPOSING OF THE CRIMINAL PETITION.

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