Neha Jabeen And 3 Others v. The State Of Telangana And Another

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENry THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:7471 OF 2022 Between:

'1. Neha Jabeen Wo Md Obaid Ahmed, Aged24 years, Occ. Household, R/o. 174-262, Yakuth Mahal Talkies, Yakuthpura, Hyderabad.

2. Mohd Akber, S/o. Late Mohd Taher, Aged 46 Years, Occ. Business, lRlo. 177-752, Sote Peer ki Dargah, Yakuthpura, Hyderabad.

3. Zahera Begum, Wo. Mohammed Mateen Ul Hague, Aged 48 years, Occ. Govt Employee, No. 17-7-754, Sate Peer ki Dargah, Yakuthpura, Hyderabad.

4. Mohammed Shoieb, S/o. Mohammed Hassan, Aged 21 Years, Occ. Contractor, Rlo. 17-7-752, Sote Peer ki Dargah, Yakuthpura, Hyderabad. ...PETITIONERS/ACCUSED No.2 TO 5 AND

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

2. Smt Husna Begum, Wo. Md Obaid Ahmed, Aged 32 years, Occ. House R/o. Plot No. 27, Sridevi Colony, Shivrampally, Rajendranagar. 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/Accused No.2 to 5 in C.C.No. 2712022 pending on the file of the Principal Junior Civil Judge-cum-Xl Additional Metropolitan Magistrate, Cyberabad 1.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/Accused No. 2 to 5 in C.C. No.

2712022 pending on the file of the Principal Junior Civil Judge-Cum-Xl Addl. Metropolitan Magistrate, Cyberabad, Rajendranagar This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohd Muzaffer Ullah Khan, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.

THE HONOURABLE SRI JUSTICE K.SURENDER MIN ETITI N No.7471 F2 22 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.J by the petitionersAccused Nos.2 to 5 to quash the proceedings against them in C.C.No.27 of 2022 pending on the file of Principal Junior Civil JudgeCum-XI Additional Metropolitan Magistrate at Rajendranagar, Cyberabad, registered for the offence under Sections 498-4, 420 of IPC.

2.

Heard. Perused the record.

3.

A perusal of the record would reveal that the 2nd respondent is was married to accused No.1. After marriage accused No.1 stafted harassing her for various reasons and also took an amount of Rs.2,00,000/- from her. The allegation against the petitioners is that the petitioner-Accused No.2 is the 1st wife of accused No.1. Petitioners were abusing the 2nd respondent on phone stating that she has to give divorce to the Accused No.l/husband failing which they would kill both accused No.1 and 2nd respondent,

4. In the entire statement of the 2nd respondent and also the charge sheet except stating that these petitioners were threatening

cit.pitition N".747t rt 2f;1]2 on phone, there are no specific events or incidents which are narrated regarding any such altercation or threats that were made by the petitioners except stating that they were threatening on phone.

5. In the said circumstances when such vague and bald allegations are made against the petitioners for abusing her on phone, this Court deems it appropriate to quash the proceedings, as no useful purpose would be served in permitting the petitioners to undergo process of criminal trial on the basis of such vague and bald allegations.

6.

Accordingly, the Criminal Petition is Allowed and the proceedings in C.C.No.27 of 2022 pending on the file of Principal Junior Civil Judge-Cum-XI Additional Metropolitan Magistrate at Rajendranagar, Cyberabad, registered for the offence under Sections 498-A, 420 of IPC, against the petitioners-Accused Nos.2 to 5 are here by quashed.

Miscellaneous applications pending, if any, shall stand closed. Sd/-C.PRAVEEN K AR ASSISTANT REGI R \ //TRUE COPY// SEGTION OFFICER To,

1. The Principal Junior civil Judge-cum-Xl Additional Metropolitan Magistrate, Cyberabad z. rwo ccs to the Public Prosecutor, High court for the state of Telangana at Hyderabad. [OUTI

3. o;; CC to dri Mohd Muzaffer Ullah Khan, Advocate [oPUc]

4. Two CD CoPies q ptp

HIGH COURT DATED:0410112023 tLArl ./., ,L' t //,:+ l!:

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ORDER

.a** s\s n*t';i i--,1 CRLP.No.7471 of 2022 fi,4 i ALLOWING THE CRLP @q$ ) ,3 i