Muriki Jayalaxmi v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TENTH DAY OF JUNE TWO IHOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 4825 OF 2022 Between:

1. Muriki Jayalaxmi, w/o. Rama Chandram Ag9! 58 years.. Occ. Housewife-, R/o. H.No. 17-4-7, Ramaswamy Temple Lane,Karimabad, Warangal.

2. IVuriki Lalith Kumar, s/o. Rama Chandram Aged 34 years, Occ. Asst. Professor, R/o. H.No. 17-4-7, Ramaswamy Temple Lane' Karimabad, Wara ngal.

...PETITIONERS/ACCUSED No'2 & 3 AND

1. The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad.

2. Muriki Nagarani, Wo. Arun Kumar, Age 33 years, Occ. Housewife' R/o. H No. 6-459, Rahnagar, Miryalguda Town, Nalgonda District. ...RESPONDENTS 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 proceedings against the Petitioners.in C.C No. 1246 of 2017 on the file of the I Additional Judicial First Class Ir,4agistrate at Miryalguda, Nalgonda District.

I.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the lVemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance appearance of the Petitioners in C.C. No. 1246 of 2017 on the file of the I Additional Judicial First Class lt/lagistrate at Ir/iryalguda, Nalgonda District.

This Petition coming on for hearing, upon perusing the N,4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri E. Venkata Reddy, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1 and for the Respondent No.2 not appearing by person or by Advocate.

The Court made the following: ORDER

V THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.4825 OF 2022 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.1246 of 2017, pending on the file of I Additional Judicial First Class Magistrate at Miryalaguda, Nalgonda District. The petitioners herein are Accused Nos.2 and 3 in the said C.C. The offences alleged against them are under Section 498-A of IPC and Sections 3 and 4 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 record would reveal that the marriage of A- 1 with the 2"a respondent was performed on 09.02.2O14. Thereafter, it appears that matrimonial disputes arose between them. The allegation against the petitioners herein in the complaint filed by the 2"4 respondent is that the petitioners herein along with her

husband/A-1 used to harass her physically and mentally for additional dowry. The said facts would reveal that the there are matrimonial disputes between the l"t petitioner/A-l and the 2"d respondent. In the charge sheet 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. 1246 ol 2017. The 1"t petitioner herein is mother and the 2"d petitioner is younger brother of A- f . 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 herein/A-2 and A-3 in C.C.No.1246 of 2017, pending on the Iile of I Additional Judicial First Class Magistrate at Miryalaguda, Nalgonda District. However, they shall appear before the said Court as and when their presence is required.

l Miscellaneous Petitions, pending if any, sha1l stand closed.

SD/.K.SAILESHI ASSISTANT REGISTRAR ,TRUE COPYII qD SECTION OFFICER To,

1. The I Additional Judicial First Class Magistrate at Miryalaguda, Nalgonda District.

2. One CC to Sri E. Venkata Reddy, Advocate [OpUC]

3. Two CCs to the Public Prosecutor, High Court for th"e State of Telangana at Hyderabad. [OUT]

4. Two CD Copies

5. One Spare Copy gbr w

, HIGH COURT DATED: 1010612022 ,iZ:\ K^n"

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ORDER

CRL.P.No.4825 of 2022 DISPOISNG OF THE CRIMINAL PETITION