Rapa Venkatesh v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 10270 OF 2022 Between:

Rapa Venkatesh, S/o. Rapa Krishnamurthy, aged 31 years, Occ. Private employee, R/o. Flat No. 102, Manohar Nilayam Apartments, Tellapur Circle Nallagandla, Hyderabad, N/o. Flat No. 102 Balaji Residency, Srinivas Nagar, Ananthapur ...PETITIONER/ACCUSED AND

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

2. Nazeefa, D/ o. Siraj, Aged 40 years, Rl,/ o. life Style Womens Hostal JNTU, Kukatpally, N/ o. Flat No. 503 V V Hites, Telugu Colony, Kattur, Nellore AP ...RESPONDENTS/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 in as PRC No. 335 of 2022 on the file of court of the Honble XIV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad against this petitioner/ accused.

l.A. NO: 2 OF 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 in as PRC No. 335 of 2022 on the file of court of the Honble XIV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad including the appearance of the petitioner/ accused, pending disposal of this criminal petition.

This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D. A. PREM CHAND, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.1.

The Court made the following: ORDER

Crl.Petition No.10270 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1O27O OF 2(J22 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionerAccused to quash the proceedings against him in PRC No.335 of 2022 pending on the file of Station House Officer, XIV Additional Chief Metropolitan Magistrate at Nampally, Hyderabad. The offence alleged against the petitioner is under Section 376(2Xn) of Indian Penal Code (for short "IPC".) 2.

Heard learned counsel for the petitioner - Accused and learned Additional Public Prosecutor for the respondent - State. 3.

Learned counsel for the petitioner would submit that the allegations made against this petitioner are that the petitioner had taken the de facto complainant to several places, where they had sexual intercourse. However, subsequently on failure of this petitioner to marry the de facto complainant, the present complaint was filed.

crl.Petition No.1027o of 2022

4. As seen from the complaint, the allegation against the petitioner is that he had taken the de facto complainant to Lemon Tree Hotel and forcibly had sexual intercourse with her and thereafter he promised that he would get marry to her within one month.

5.

Learned counsel appearing for the petitioner relied upon the judgment of the Hon'ble Supreme Court in Criminal Appeal No.442 of 2022 dated 27.07.2022 in Mandar Deepak Pawar vs. the State of Maharashtra & another and argued that in the event of there being a false promise of marriage that would not amount to an offence under Section 376 of IPC.

6.

In the present case, as seen from the complaint, prima facie the de facto complainant was subjected to rape and thereafter promise was made, hence, the judgment relied upon by the learned counsel for the petitioner is not applicable.

7. In view of the aforesaid reasons, there are no grounds to quash the proceedings against the petitioner - Accused.

Crl.Petition No.10270 of 2022 .

8.

Accordingly, the Criminal Petition is dlsmissed giving liberty to the petitioner to have recourse all legal remedies including filing an application under Section 227 of Cr.P.C. seeking discharge before the concerned Court.

Miscellaneous applications pending, if any, shall stand closed. Sd/. K.SHYLES DEPUTY REGI //TRUE COPY// SECTION FICER To,

1. The XIV Addl. Chief Metropolitan Magistrate at Nampally, Hyderabad.

2. The Station House Officer, Panjagutta Police Station.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT).

4. One CC to Sri D. A. PREM CHAND, Advocate [OPUC]

5. Two CD Copies I)L r) Y

HIGH COURT KS,J DATED:.2211112022 :,t ,.:

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ORDER

CRLP.No.10270 o. 2022 DISMISSINC THE ('II] MINAL PE]'I]'ION 0Q'

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