Smt. V.Sharada v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDEABAD IVONDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 5477 OF 2022 Between:
1. Smt. V.Sharada, W/o Late Sugunakar Sharma, Aged about 55 Housewife R/o H.No.18-4-181, Near Sharada Degree College, Aliabad, Hyderabad.
2. Smt.Thondepally Karuna, Wo Thondepally Santhosh, Aged about 35 years, Occ. Housewife Rl/o Kalwakol Village, Maheshwaram Mandal, Rangareddy District,
3. Thondepally Santhosh Sharma, S/o Late T. Narsihma Sharma Aged about 43 years, OCc. Purohith, Ri/o Kalwakol Village, Maheshwaram Mandal, Rangareddy District.
years, Occ.
Kalwagadda, ...PETITIONERYACCUSED No 3 to 5 AND
1. The State of Telangana, through SHO Shalibanda PS, Rep. by Public Prosecutor, High Court of Telangana.
2. Smt. Poo.ja, Wo V.Raghavendra Sharma, R/o H.No.18-4-181, Near Sharada Degree College, Shalibanda, Hyderabad.
...RESPONDENTNoS/ 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 pleased to QUASH the CC. No. 9308 of 2021 on the file of Xlll Additional Chief Metropolitan Magistrate, Hyderabad at Manoranjan Complex. 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 STAY all further proceedings including the appearance of the petitioners herein in CC no 9308 of 2021 before the court of Xlll Additional Chief Metropolitan Magistrate, Hyderabad at Manoran.ian Complex, pending disposal of the main criminal petition.
This Petition coming on for hearing,upon perusing the [remorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V RAMESH KUMAR ,Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No. and of Sri_Advocate for the Respondent Nol . The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.5477 of 2022 ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.930B of 2O2l pending on the file of the XIII Addl. Chief Metropolitan Magistrate, Hyderabad at Manoranjan Complex. The petitioners herein are accused Nos.3 to 5 in the said C.C. The offences alleged against them are under Sections 49a-A,354(4.), 504 and 506 of IPC. 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 3O-O4-2O2I the marriage of A-1 with 2"d respondent was performed on 07-Ol-2O21. Thereafter matrimonial disputes arose
between them. As per the complaint the allegations leveled against the accused are that they tortured the defacto complainant regarding additional dowry and they also threatened her to kill and abused her in filthy language. She also alleged that A-2 to A-5 tried to spoil her reputation by making false statements regarding her character. She further alleged that A-2 harassed her sexually by torturing her physically. Perusal of the charge sheet in the said Calendar Case would reveal that prima facie there are 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.93O8 of 2O2l against the petitioners herein. However, in matrimonial disputes the identihcation of parties is not in dispute. petitioner No.l is mother,
petitioner No.2 is married sister and petitioner No.3 is brother-in-law of A- 1.
4.
However, considering the fact that the disputes between A- I and 2"d respondent are matrimonial disputes, this Criminal Petition is disposed of dispensing with the presence of the petitioners herein / A-3 to A-5 only in C.C.No.93O8 of 2O2l pending on the hle of the XIII Addl. Chief Metropolitan Magistrate, Hyderabad at Manoranjan Complex. However, they shall appear before the said Court as and when their presence is required. Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.
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Telangana[OUT]
4. Two CD CoPies
5. One SPare CoPY GSA n ?
HIGH COURT DATED:2710612022 s c U t) ?022 nll
ORDER
.t -...':) CRLP.No.5477 of 2022 DISPOSING OF THE CRIMINAL PETITION @d"
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