High Court for State of TelanganaCRLP/5351/2016allowed no costs

B.Rama Devi v. The State Of Telangana

2016-04-18Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5351 OF 2016 ORDER:

1. This Criminal Petition is filed by the petitioners-A4 and A5 under Section 482 Cr.P.C. seeking to quash the proceedings against them in C.C.No.500 of 2015 on the file of the X Metropolitan Magistrate, Cyberabad at Malkajgiri.

2. The petitioners are alleged to have committed the offence punishable under Section 498-A IPC. The case of the prosecution is as follows:

A1-Ravinder married the 2nd respondent on 1.6.1991 and they were blessed with two sons. A1 developed intimacy with A2 and started ignoring the 2nd respondent and started harassing her mentally and physically. A1 used to administer sleeping pills to the 2nd respondent by way of mixing it in tea. She noticed it and stopped the tea offered by A1. When she asked A1, he started harassing and illtreating her physically and mentally. It is alleged that the petitioners instigated and supported A1 to have extra marital relationship with A2.

3. Learned Counsel for the petitioners submitted that the petitioners are the married sisters of A1 and they are nothing to do with the family life of the 2nd respondent and they do not know about the extra marital affairs of A1 and that they are living with their respective families and therefore, the proceedings against them may be quashed.

4. The fact remains undisputed is that the petitioners are the sisters of A1 and they got married long back and they have been residing with their respective families elsewhere. Apart from that, except the omnibus allegation, no specific overt acts were attributed against the petitioners in the complaint itself. Even the allegations made against

the petitioners would not attract the offence under Section 498-A IPC. In the circumstances of the case, this Court is of the view that it is a fit case to quash the proceedings against the petitioners herein.

5. Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioners-A4 and A5 in C.C.No.500 of 2015 on the file of the X Metropolitan Magistrate, Cyberabad at Malkagiri. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Date : 18.4.2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5351 OF 2016 DATED 18.4.2016 Nn