Anagondi Balaram And 8 Others v. State Of A.P., Rep. By P.P., Hyd. And ANR

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CRIMINAL PETITION NO: '1496 OF 2013 Between:

1. Anagondi Balaram, S/o.Swamy, Aged about 45 years, Occ: Business,

2. A.Krishnaveni, Wo.A.Balaram, Aged about 35 years, Occ: House hold,

3. A.Gopal, S/o.Swamy, Aged about 30 years, Occ: Business,

4. A. Nirmala, W/o. A. Gopal, Aged about 25 years, Occ: House hold, 1 to 4 are R/o.H.No.2-3-6031491174, New Patel Nagar, Amberpet, Hyderabad.

5. A. Srinu, S/o. A. Swamy, Aged about 25 years, Occ: Traffic Constable,

6. A. Aruna, W/o. A. Srinu, Aged about 22years, Occ: House hold, (5 &6 R/o.H.No.3-16-981812, Ramanthapur, Hyderabad.)

7. A,Barathamma, D/o.A.Swamy, Aged about 38 years, Occ: House hold, H.No.2-3-603/49/174, New Patel Nagar, Amberpet, Hyderabad. B. Thamatam Ashok, S/o.Lingaiah, Aged about 50 years, Occ: Politician,

9. Thamatam Balamani, W/o.Ashok, Aged about 40 years, Occ: House hold, Respondent Nos. B & I are resident of Aliyabadh Village, Shamirpet Mandal, R R District ...pETrroNER/ACcusED AND

1. State of A.P, Represented by Public Prosecutor, High Court of A.P., Hyderabad.

2. Anagondi Shoba, W/o.Anagondi Bala Narsimha, Aged about 25 years, Occ: Private Job, R/o.H. No.3-1 6-98/8/2, Ramauthapur, Venkat Reddy Nagar, HYderabad ...RESP.NDENT 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 call for the record relating to the DVC No.7 of 2013 on the file of Judicial First Class Magistrate, Nalgonda, and quash the proceedings therein. CRL.P.MP. NO :1213 OF 2013 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 appearance of the petitioner/respondent No.2 to 1 0 in D.V.C.N o.

7 of 2013 on the file of Judicial First Class Magistrate, Nalgonda, pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M. A. K. Mukheed, Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

THE HoNOURABLE SMT JUSTICE P,SRDE SUDHA C:FIIMINAL PETITION No. 1496 0F 2013 ORDER:

This Criminal Petition is filed under Section 4g2 Cr.p.C. to quash the proceedings in DVC No.7 of 2013 dated 2I.j-7.2O12 pending on the file of the learned Judicial Magistrate of First Class, Nalgonda.

The case of the petitioners herein is that the marriage of the second respondent with the first respondent in DVC No.7 of 20l3 was performed on 1l.l2.2oog at yadagir Gutta. The petitioners herein are father-in-law, mother-in-law and husband of sister_inI law of the second respondent and that they never demanded any dowry as alleged by the second respondent. She filed a criminal case against the petitioners herein and also against her husband in F.l.R.No. 113 of 2072 dated 07.11.2012 for the offence under Section 498-A IPC and Section 4 of Dowry prohibition Act at Women Police Station, Nalgonda, and later she also filed D.V.C. onlv to harass the husband and relatives. There are no specific allegations against the petitioners herein and she filed the complaint with false allegations.

Learned Public prosecutor relied upon a judgment of this Court reported in GADDAMEEDI NAGAMANI V/s, STATE OF TELANGANAI and submitted that as the other efficacious alternative remedy of appeal under Section 29 of the Domestic Violence Act, 2005 is available to the petitioners, the present criminal petition under Section 482 Cr.p.C. is not sustainable. 'zors1zl aLo (crl )764 (Ap)

Considering the arguments of the learned Public Prosecutor and the legal position, as there is no representation for the petitioners, I find that this petition is devoid of merits and is accordingly dismissed. However, the petitioners are at liberty to approach appropriate forum, if they so advised' Interim orders dated 19.06.2014 in crl.P.M'P.No.1213 0f 2013 shall stand vacated.

Pending miscellaneous petitions, if any, shall also stand closed in the light of this final order.

SDI-M.MANJULA ASSTSTANT REGISTRAR q;

/ITRUE COPY// SECTION OFFICER To, I . The Judicial First Class Magistrate' Nalgonda' il i:*:r;t,pn',j:3i'l,1rulmorricer (F A c )'''l:'o*"'"" and chird

3. One CC to Sri M A K Mukheed' Advocate [OPUCI ; lUigtf ts"u?io'o Prosecutor' Hish court ror the state or reransana at 5 Two CD CoPies o. on" SPare CoPY gbr t$/

HIGH COURT DATED: 2011012021 HE SrA k + 4:

53 29 orxT\n

ORDER

.,J CRLP.No.1496 of 2013 ),..,...- . _..., DISMISSING T'HE CRIMINAL PETITION 9-\ o\ q% {'.y'