Komalla Karuna v. The State Of Telangana
[ 32s1 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K-SURENDER GRIMINAL PETITION NO:2981 OF 2023 Between:
1. Komalla Karuna, Wo Komalla Thirupathi Reddy, Aged about 52 years, Occ. House wife R/o H.No. 2-4-81011, Ramnagar Hanamkonda, Hanamkonda District.
2. Komalla Thirupathi Reddy, Slo Komalla Malla Reddy, Aged about 59 years, Occ. TSRTC Conductor R:/o H.No. 2-4-81011, Ramnagar Hanamkonda, Hanamkonda District.
3. Komalla Surender Reddy, S/o Komalla Thirupathi Reddy, Aged about 31 years, Occ. UPSC Civils Aspirant R/o H.No. 2-4-81011 , Ramnagar Hanamkonda, Hanamkonda District Presently residing at 4E.122, 3rd Floor, Old Rajendranagar, New Delhi-1 10060.
...PETITIONERS/ACCUSED No.2 to 4 AND
1. The State of Telangana, rep by its Public Prosecutor Through Warangal WPS Police Station, Warangal District High Court of Judicature of Telangana al Hyderabad.
...RESPONDENT
2. Lethakula Suvarna, W/o Rama Chandra Reddy Aged about 48 years, Occ. House wife R/o H.No. 24-5-851715113, Ganesh Nagar, Road No.1, Prakashreddypeta, Hanumakonda, Hanamkonda district .,.RESPONDENT/COMPLAINANT 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 FlR.No.57 of 2023 dated 06-02-2023 on the file of the Warangal WPS (Warangal), Warangal District against the petitioners/ Accused No.2 to 4.
.t 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 stay of all further proceedings including arrest of the petitioners/ l Accused No.2 to 4 in FlR.No.57 of 2023 daled 06-02-2023 on the file of the Warangal WPS (Warangal), Warangal District.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. Mehar Srinivasa Rao, Advocate for the Petitioners and the Additional Public Prosecutor (TG) 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.2981 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 petitioners-Accused Nos.2 to 4 to quash the proceedings against them in FIR No.57 of 2023 pending on the {ile of Station House Officer, Warangal Police Station, Warangal. The offences alleged against them are under Sections 498-A, 42O and 506 of Indian Penal Code (for short "lPC") and Section 3 and 4 of Dowry Prohibition Act (for short "DP Act").
2.
Briefly the facts of the case are that, the 2.d respondent - de facto complainant filed the present complaint against the petitioners herein stating that her daughter was married to accused No.1. At the time of marriage, dowry was also given. Thereafter, accused No.I along with petitioners herein are harassing her daughter for additional dowry of Rs.50,00,000/- and also threatened her with dire consequences. 3.
Heard learned counsel for the petitioners - Accused Nos.2 to 4 and learned Additional Public Prosecutor for the respondent - State. Perused the material on record
4.
Learned counsel appearing for the pctitioners r,r,ould submit that the allegations made in the complaint are not attracted. The allegations in the complaint pertains to the -'"'ear 2017-19 and the petitioners herein have no nexus to the daughter of respondent No.2 and false complaint has been filed without any basis. 5.
In the said circumstances, the Investigating Officer in FIR No.57 of 2023 pending on the file of Station House Officer, Warangal Police Station, Warangal is directed not to arrest these petitioners and conclude the investigation on the basis of the explanation given by these petitioners. Further, the petitioners shall co-operate with the Investigating Olficer as and when required for the purpose of investigation.
6.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed.
SD/. B. CHANDRA PRAKASH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Junior Civil Judge -cum- Principal Judicial Magistrate of First Class, Hanamakonda.
2. The Station House Officer, Warangal WPS (Warangal), Warangal District.
3. One CC to Sri P. Mehar Srinivasa Rao, Advocate [OPUC]
4. Two CCs to the Public Prosecutor, High Court forthe State of Telangana at Hyderabad. [OUT]
5. Two CD Copies gbr c\1,(
HIGH COURT DATED: 2410312023 t.r r -[ r:
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ORDER
CRLP.No.2981 of 2023 rJoiH DISPOSING OF THE CR!M!NAL PETITION L5 eA$ 15'