A. Pushpa And Another v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY,THE SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 4305 OF 2022 Between:

1. A. Pushpa, W/o. Late A. Laxmaiah Aged about 61 years, Occ. House Hold Rl/o. H. No. 7-1-21311 , Mankamma Thota, Karimnagar District

2. A Nagaraju, S/o. Late A. Laxmaiah Aged about 41 years, Occ. Govt Employee Fl/o. H. No. 7-1-21311 , lVlankamma Thota, Karimnagar District ...PETITIONER/ACCUSED No.2 & 4 AND

1. The State of Telangana, Represented by its Public Prosecutor High Court of Judicature at Hyderabad through Women P.S. Begumpet Secunderabad.

2. A. Sandhya, D/o. Deshaboina Ramchander, Aged about 30 years, Occ. House Wife. Rl/o. H. No. 12-11-913, Warasiguda, Secunderabad ...RESPONDENTS/COMPLAINANTS 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 C.C No 147 ol 2017 on the file of the Honourable XV Additional Chief Metropolitan Magistrate at Nampally and WPS Begampet so far as petitioners are concerned .

l.A. NO: 1OF 2022 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 dispense the appearance of the Petitioners for proceedings in C.C.No. 147 OF 2017 on the file of the Honourable XV Additional Chief Metropolitan Magistrate At Nampally, pending disposal of the above Criminal Petition.

l.A. NO: 2 OF 2022 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 all further proceedings in C.C No. 147 OF 2$17 on the file of the Honourable XV Additional Chief Metropolitan Magistrate at Nampally and WPS, Begampet including arrest of Petitioners, pending disposal of the above Criminal Petition .

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VENU CHEGGAM ,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 .

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.43O5 OF 2022 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C., to.quash the proceedings in C.C.No. 147 of 2017, pending on the file of XV Additional Chief Metropolitan Magistrate at Nampally. The petitioners herein are Accused Nos.2 and 4 in the said C.C. The offences alleged against them are under Section 498-A and 406 of IPC and Sections 4 and 6 of Dowry Prohibition Act, 1961.

2.

Heard the learned counsel for the petitioners and the learned Public Prosecutor. Perused the record. 3.

Perusal of the charge sheet would reveal that the marriage of A- 1 with the 2.d respondent was performed on 26.O2.2O12. Thereafter, matrimonial disputes arose between them. Pima facie, there are certain allegations against the petitioners herein. They are triable issues and the petitioners have to face trial and prove their innocence. This Court cannot go into the same in an application filed under Section 482 Cr.P.C. Therefore, this Court is not inclined to quash the

proceedings in C.C.No.147 of 2017 . The l.t petitioner is aged mother and 2"d petitioner, Government Employee is brother of A- 1. In matrimonial disputes, identification of parties is not in dispute.

4.

Considering the above said facts, this Criminal Petition is disposed of dispensing with the presence of petitioners }rerein/ A-2 and A-4 in C.C.No.147 of 2017, pending on the file of XV Additional Chief Metropolitan Magistrate at Nampally. However, they shall appear before the said Court as and when their presence is required. Miscellaneous Petitions, pending if any, shall stand closed.

SD/.K.ONESIM ASSISTANT REGISTRAR //TRUE COPY// Gb \ SECTION OFFICER To, The XV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad The Station House Officer, Begumpet Police Station , Secunderabad . Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] One CC to SRI VENU CHEGGAM, Advocate [OPUC] Two CD Copies One Spare Copy \'V a b CDL 't

HIGH COURT DATED: 0610612022 -4--:=:- 16at"" ttu'iN //s'

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ORDER

CRLP.No.4305 of 2022 DISPOSING OF THE CRIMINAL PETITION Xo