Smt.K.Sheetal Ayesha Tasneem v. The State Of Telangana

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3256 OF 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in C.C.No.84 of 2013 on the file of the XIII Additional Chief Metropolitan Magistrate, at Hyderabad, arising out of offences under Sections 498-A and 406 IPC and Sections 4 and 6 of the Dowry Prohibition Act. Heard and perused the material available on record. Learned counsel for the petitioners submits that the petitioners have not committed any offence.

After arguing for sometime, he does not press to quash the proceedings against the second petitioner. He further submits that the first petitioner never had any acquaintance with the newly married persons and as such, prays this Court to quash the proceedings as against the first petitioner herein.

Admittedly except the allegation that the first petitioner instigated the other accused to commit the offence, there are no serious allegations against the first petitioner herein. On perusing the statements of the de facto complainant and others, this Court is of the view that it does not disclose any active part on the part of the first petitioner/A.3 and as such, this Court is inclined to quash the proceedings as against the petitioner herein. The proceedings as against the first petitioner/A.3 in C.C.No.84 of 2013 on the file of the XIII Additional Chief Metropolitan Magistrate, a t Hyderabad, are hereby quashed and the first petitioner/A.3 is acquitted of all the charges levelled against her. Insofar as the second petitioner/A.5 is concerned, this Court is not inclined to quash the proceedings.

The Criminal Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 14.03.2016 pln