Shaik Mohammed Jaffer Irfan, v. The State Of Telangana

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.254 OF 2017 ORDER:

The present petition is filed under Section 482 Cr.P.C requesting to quash the proceedings in C.C.No.200 of 2016 on the file of XIII Additional Chief Metropolitan Magistrate at Hyderabad. The offence alleged against the petitioners herein is punishable under Section 498-A of IPC.

The parties are related. The 2nd respondent, who is the defactocomplainant, is no other than the wife of the 1st petitioner and daughter-in-law of the 2nd petitioner.

Heard Sri Mohammed Veqar Hussain, learned counsel for the petitioners, and the learned Additional Public Prosecutor for the State of Telangana for the 1st respondent.

Learned counsel for the petitioners would submit that the 2nd petitioner is aged about 78 years and the marriage between the 1st petitioner and the 2nd respondent - defacto complainant had taken place about 32 years back and, at this belated stage, harassing the 2nd respondent by the petitioners does not arise. He further submits that since the demand of the 2nd respondent to keep the 2nd petitioner in an old age home as she cannot look after her, was not fulfilled by the 1st petitioner, the present complaint is foisted against the petitioners and, therefore, seeks quashment of the proceedings in the aforesaid C.C.

ASN,J Crl.P.No.254_17 Learned Additional Public Prosecutor for the State of Telangana would oppose the request of the petitioners. Perused the material papers filed along with the present petition. The charge sheet would show that during the course of investigation, the mother, son and daughter of the defacto complainant have given statements before the police under Section 161 Cr.P.C supporting the complaint averments. Though, learned counsel for the petitioners would submit that the son and daughter of the defacto-complainant have given affidavits supporting the petitioners' case and has pointed out such affidavits, which are filed along with the present petition, it is not for this Court to examine the affidavits and dispose of the present petition based on such affidavits.

Further, as the son and daughter of the defacto complainant have earlier given statements before the police under Section 161 Cr.P.C during the course of investigation, truth or otherwise of the contents of the aforesaid affidavits can only be examined during trial. Hence, it cannot be said that there is no prima facie material to quash the proceedings in the aforesaid C.C.

The Criminal Petition is, therefore, dismissed. However, keeping in view, the fact that the 2nd petitioner is suffering from ailment and in view of the letter, dated 16.01.2015, of the Medical Officer, Care Hospital, Nampally, Hyderabad filed along with the present petition, showing that the 2nd petitioner was admitted in Care

ASN,J Crl.P.No.254_17 Hospital, Nampally, Hyderabad on emergency basis for injury to left hip after slip and fall at home, her presence during trial of C.C.No.200 of 2016 is dispensed with. It is, however, made clear that she shall appear before the learned Magistrate as and when directed by the learned Magistrate.

Miscellaneous applications, if any pending in this criminal petition, stand closed.

___________________________ A. SHANKAR NARAYANA, J 18th January, 2017 v v