Bijji Vishwanath v. The State Of Telangana

[ 32s1 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IUONDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 649 OF 2023 Between:

1. Bijji Vishwanath, S/o Shankeraiah Aged about 65 Years, Occ. self-employee HNO 16-257/3 Dwarakamai colony, Meerpet R.R. District Telangana dtate

2. Bijji Shiva Kumar, S/o Bijji Vishwanath Aged about 31 Years, Occ. Private Employee H.No. 16-257/3 Dwarakamai colony, Meerpet R.R. District Telangana state

3. Bi.iji Renuaka, S/o. Bijji Shiva Kumar Aged about 28 Years, Occ. Private Employee H.No. 16-257/3, Dwarakamai colony, Meerpet R.R. District Telangana state AND ...pETrroNERS/A2 To 44 '1 . The State of Telangana, Rep, by its Public Prosecutor, High Court buildings, Hyderabad.

2. Chiluvaru Manusri, W/o Bijji Shiva Krishna Aged about 27 years, Occ. Household R/o H. No 11-19-7611 , Bhavani Nilayam, Street No. 3, Babuji Nagar, Kashibugga, Warangal, Telagana - 506002 ...RES'ONDENTS 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 16/2023 Dt 06-01-2023 on the file of Warangal WPS Telangana against the petitioner/accused A2 To 44 and pass such other order or orders as this Hon'ble Court may deem fit and proper l.A. NO: 2OF 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 all further proceedings in FIR No 1612023 Dt 06.01.

2023 on the file of Warangal WPS Telangana and to pass such other order or orders as this Hon'ble Court may deem fit and proper This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s V. PREETI REDDY, Advocate for the Petitioners and of the Additional Public Prosecutor for the State of Telangana for the State of Telangana on behalf of the Respondent No.1 and of None Appeared for the Respondent No.2.

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.649 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) by the petitionersAccused Nos.2 to 4 to quash the proceedings against them in FIR No.16 of 2023 pending on the file of Station House Officer, Warangal WPS Police Station, Warangal District, registered for the offences punishable under Sections 498-A and 506 of Indian Penal Code (for short "IPC') and Sections 3 and 4 of Dowry Prohibition Act.

2.

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

3.

The 1't petitioner is the father and petitioner Nos.2 and 3 are the brother and sister-in-law of Accused No.l who is the husband of 2nd respond ent - de facto complainant. The 2nd respondent filed a complaint against thesepetitioners and Accused No.1 stating that after marriage they started harassing her physically and mentally.

4.

Learned counsel for the petitioners would submit that in the complaint there are no speciflc allegations against these petitioners and the present complaint was filed after Accused No.1 issued a notice to the 2nd respondent to join marital life with him. In fact the 2nd respondent deserted her husband - Accused No.1 and staying separately.

5.

Keeping in view that the disputes are amongst the spouses and also the bald allegations that are leveled against these petitioners, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.16 of 2023 pending on the file of Station House Officer, Warangal WPS Police Station, Warangal District, to conclude investigation without taking any coercive steps against the petitioner - Accused by considering the fact that the complaint was filed after Accused No.1 instigated 2nd respondent to join marital life with him. Further, the petitioner - Accused shall co-operate with the Investigating 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 -{b-='

I Sd/-MOHD,SANAULLA NSARI ASSISTA TRAR //TRUE COPY// \ SECTION OFFICER To

1. The Principal Junior Civil Judge-cum- Pdncipal Judicial Magistrate of First Class, Hanamkonda.

2. The Station House Officer, Warangal Women's Police Station, Warangal District.

3. Two CCs to lhe Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. One CC to M/s V.Preeti Reddy, Advocate [OPUC]

5. Two CD Copies Kj t\'t)r

HIGH COURT DATED:23/01/2023 { 9 STAT6 t \ t'LB 1fl1l fii / !! r.iaii

ORDER

CRLP.No.649 of 2023 CRL.P. IS DISPOSED OF.

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