Sharnammagari Srisailam v. The State Of Telangana.,Rep.,Pp

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.7729 of 2016 ORDER:

This petition under Section 482 Cr.P.C. is filed by the petitioners/A2 to A5 seeking to quash the proceedings in C.C.No.644 of 2016 on the file of Judicial Magistrate of First Class (Special Mobile Court), Sangareddy, registered for the offence punishable under Sections 498-A and 494 I.P.C.

2. Heard learned counsel for the petitioners/A2 to A5 and learned Additional Public Prosecutor representing the State.

3. It is alleged in the charge sheet that the 2nd respondent, wife of A1, made a complaint against the petitioners/A2 to A5 and others stating that on 06.05.2011 her marriage was performed with A1 according to their caste and customs and she led happy marital life for some time. Thereafter A1 addicted to liquor and he along with his family members started harassing her to bring additional dowry. Therefore, she lodged a complaint at Sadashivpet Police Station and while conciliation is going on, A2 to A5 performed the marriage of A1 with A6.

4. As per the allegations in the charge sheet, there is a prima facie case to proceed against the petitioners. Therefore, this is not a fit case where the proceedings against the petitioners can be quashed. Truth or otherwise of the allegations can only be decided during the course of trial. However, considering the facts and circumstances of the case, the Court below is directed to proceed with the trial of the case and dispose of the same without insisting the presence of the petitioners/A2 to A5 on each and every date of adjournment, unless it feels that their presence is necessary for any specific purpose.

5. With the above direction, the Criminal Petition is disposed of.

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

___________________ M.S.K.JAISWAL,J Date:08.06.2016 KH