Shishpal Singh Sharma And 2 Others v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD IvIONDAY ,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 5190 OF 2022 Between:

1. Shishpal Singh Sharma S/o. Munilal, Aged about 61 years, Occ. Govt. Service, R/o. H.No 322, Dawla Village, Jhajjar, Harayana.

2. Rameshwari Sharma, W/o. Shishpal Singh Sharma, Aged about 55 years, Occ. Household, R/o. H.No 322,Dawla Village, Jhajjar, Harayana.

3. Mohit Kumar Sharma, Sio. Shishpal Singh Sharma, Age. 27 years, Occ. Student, R/o. H.No 322, Dawla Village, Jhajjar, Harayana. ...PETITIONER/ACCUSED NO.2 TO 4 AND The State of Telangana and Another, Rep, by its Public Prosecutor, High Court at Hyderabad.

Smt. Rajyalakshmi Sharma, W/o. Vineeth Kumar Sharma, Age. 28 years, Occ. Pvt. Employee, Rio.203, Siricon Enclave, Kushaiguda, Hyderabad. RESPONDENT/COM PLAINANTS 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 quash the CC. No. 2001 of 2019 on the fie of XIX Addl. Metropolitan Magistrate, Malkajgiri registered for the offences U/sec. 4984, 506 IPC r/w Sec. 3 and 4 DP Act l.A. NO: 2OF 2022 Petition under Sectlon 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 grant stay of all further proceedings in CC. No 2001 of 2019 on the file of XIX Addl. Metropolitan Magistrate, Malkajgiri registered for the offences Uisec.

49BA 506 IPC r/w Sec 3 and 4 DP Act This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C M R VELU, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. 1 and none for the Respondent No.

THE HONOURABLE SRI JUSTICE K' LAKSHMAN CRIMINAL PETITION No.5190 oF 2022

ORDER

This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C C'No'20O1 of 2019, pending on the file of XIX Additional Metropolitan Magistrate, Malkajgiri' The petitioners herein are Accused Nos.2 to 4 in the said C'C' The offences alleged against them are under Section 498-A of IPC and Sections3&4ofDo\'ry Prohibition Act, 196 1'

2.

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

3.

Perusal of the record would reveal that the marriage of A- 1 with the 2'd respondent was performed on 11.03.2016. Thereafter, it appears that matrimonial disputes arose between them' The allegation against the petitioners herein in the complaint filed by the 2"d respondent is that they used to harass her physically

and mentally and threatened her with dire consequences seeking mutual consent for separation / divorce from her' The said facts would reveal that there are matrimonial disputes between the A-1 and the 2nd respondent' In the charge sheel prima 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. 11734 of 2Olg The 1"t and 2"d petitioners are parents and the 3'd petitioner 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 herein/A-2 to A-4 in C'C'No'200 1 of 2}lg, pending on the file of XIX Additional Metropolitan Magistrate, Malkajgiri. However, petitioners

herein shall appear before the said Court as and when their presence is required.

Miscellaneous Petitions, pending if any, shall stand closed.

SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGIST R ,TRUE COPY// SECTION OFFICER To,

1. TheXlX Additional Metropolitan Magistrate, Malkajgiri, Hyderabad

2. The Station House Officer, Rachakonda Police Station, Kushaiguda, Hyderabad

3. Two CCs to Public Prosecutor High Court of Judicature at Hyderabad (OUT)

4. One CC to SRl. C M R VELU, Advocate IOPUC]

5. Two CD Copies

6. One Spare Copy BS gbr \X \ )

HIGH COURT DATED: 2010612022 HE SIA(c t o,- t3 12 JUL 2022 z tl .+ { GY9g .,

ORDER

CRLP.No.S190 of 2022 DISPOSING OF THE CRIMINAL PETITION @S6,