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High Court for State of TelanganaCRLP/4563/2022disposed of no costs

Yeluguri Bhavani v. The State Of Telangana

2022-06-07K.Lakshman5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 4563 OF 2022 Between:

1. Yeluguri Bhavani, W/o. Uma Maheswar Rao,

2. Yeluguri Uma Maheswar Rao, s/o lVlal'1]fir,r,o*=Rs/AccusE, No.2 & 3 AND

1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad

2. Smt.YeluguriPravallika,W/o.Kapil, D/o.K.Srinivasulu, ...RES,ONDENTS Petition under Section 482 ol 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 impugned proceedings in c.c. No.118 of 2020 on the file of ihe Jrdiciat First Class Magistrate at Devarakonda, in so far as the petitioners / accused No. 2 and 3 are concerned, in the interest of justice' l.A. NO: 1OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [\,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim stay of all further proceedings in impugned C.C. No.11B oF 2O2O on the file of the Judicial First class lvlagistrate at Devarakonda, in so far as the petitioners / accused No.

2 & 3 are concerned, including appearance of the petitioners, This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K.SAI BABU' Advocate for the Petitioners and of the Public Prosecutor (TG ) on behalf of the Respondent No.1 .

The Court made the following: ORDER

/ THE HONOURABLE SRI JUSTICE K' LAKSHMAN cRIMINAL oN No.4563 of 2022 ORDER:

This Criminal Petition is fi1ed under Section 482 Cr.P.C., to quash the proceedings in C'C'No' l18 of 2O2O pending on the hle of the Judicial Magistrate of First Class, Devarakonda' The petitioners herein are accused Nos.2 and 3 in the said C'C' The offences alleged against them are under Section 498-,{ of IPC and Section 4 of Dowry Prohibition Act'

2.

Heard learned counsel for the petitioners and learned Public Prosecutor for the State' Perused the record. With their consent this Criminal Petition is disposed of, at the admission stage'

3. As per the complaint dated 11-11-2019 the marriage of A- I with 2'a respondent was performed on

24-Ll-2Ot7. Thereafter matrimonial disputes arose between them. Perusal of the charge sheet in the said CalendarCasewouldrevealthatprimafaciethereare certain allegations against the petitioners herein and they are triable issues' This Court cannot consider the same in an application filed under Section 482 of Cr'P'C' The petitioners have to face trial and prove their innocence. In view of the same, this Court is not inclined to quash the proceedings in C'C'No'118 of 2020 against the petitioners herein' However, in matrimonial disputes the identification of parties is not in dispute' Petitioners herein are aged parents of A1' aged about 56 and 62 years resPectivelY.

4.

However, considering the fact that the disputes between A- 1 and 2nd respondent are matrimonial disputes, this Criminal Petition is disposed of dispensing with the presence of the petitioners herein I A-2 and A-3 only in C.C.No.118 of 2O2O pending on the file of the

J Judicial Magistrate of First Class, Devarakonda. However, they shal1 appear before the said Court as and when their presence is required.

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

Sd/-M.MANJULA ASSISTANT REGISTRAR (--lD / I //TRUE COPY// SECTIbN OFFICER To The Judicial First Class Magistrate, at Devarakonda. The Station House Officer, Kondamallepally, Devarakonda, Nalgonda District Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad (OUT) One CC to Sri K.Sai Babu, Advocate (OPUC) Two CD Copies One Spare Copy t) Ki a,.,,'

HIGH COURT DATED:0710612022 y,E STA16o^-- \'\ t( 13 JIJL ?0u !) )_

ORDER

CRLP.No.4563 of 2022 DISPOSING OF THE CRL.P.

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