Nethi Sharanya @ A. Sharanya v. The State Of Telangana

[ 321e ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE TWENTYFIRST DAY OF DECEMBER TWO THOUSAND AND TWENTYTHREE PRESENT THE HONOURABLE SMT. JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 12584 OF 2023 Between:

Nethi Sharanya @ A. Sharanya, Wo. Srikanth Age: 30 Years, Occ- Pvt Service PJ o. Hyderabad, Telangana.

...PETITIONERYACCUSED No.5 AND

1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana at Hyderabad ...RESPONDENT No.1/COMPLAINANT

2. Smt. Nethi Sushma, Wo. Nethi Sharan Kumar Age. 26 Years, OccHousehold Rl/o. H. No. 1 6-2-7 54,1 N39, APAU Colony Gaddiannaram, Dilsukhngar ...RESPONDENT No.ZDEFACTO COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstanc,es stated in the Memorandum of Grqunds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No.17l 2022 in view of the Final Report dated-1 211012023 filed by PS, Malakpet Hyderabad for the offence U/s.498-A lPC, Sec. 3 and 4 of DP Act against the Petitioner/A-S herein. I.A NO: 2OF 2023 Petition under Seclion 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 grant stay of all further proceedings in Crime No.1712022 in view of the Final Report dated-1 211012023 filed by PS, Malakpet Hyderabad for the offence Uis.498-A lPC, Sec. 3 & 4 of DP Act against the Petitioner/A-5 herein pending disposal of th€ present Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/S. S.M. SAIFULLAH, Advocate for the Petitioner and Sri B. SURESH GOUD, Assistant Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 The Court made the following.: ORDER

/ THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI CRIMINAL PETITION No. 12584 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of tli,e Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/ accused No.S seeking quash of the proceedings against her in Crime No.17 of 2O22 in view of the Final Report dated 12.10.2023 pending on the file of the Malakpet Police Station, Hyderabad, which was taken cogni zance for the offences punishable under Section 498-,{ of IPC and Sections 3 and 4 of Dowry Prohibition Act, 196 1.

2.

Learned counsel for the petitioner submitted that the petitioner is the accused No.S and the case against the accused Nos.l to 4 have already been closed. It is submitted that there has been a compromise between the accused No. 1 and the de facto-complainant, which has been recorded by this Court in Crl.P.No.62O5 of 2O23 dated 06.09.2023. Thereafter, FIR.No.17 of 2022 has also been quashed against the accused t i Nos.2 to 4 in Crl.P.No.763O of 2022 vide order dated I I lO.Ol.2O23. It is submitted that, thereafter, the police in the Final Report hled on 2I.1O.2023 have recommended dropping of action against the accused No.S and it is also recorded that

the permission is granted by ACp Malakpet Division to refer the case as Action Dropped. Therefore, he seeks quashing of the proceedings against the accused No.5, in order to enable her to travel abroad.

Sri B. Suresh Goud, learned Assistant public prosecutor is also heard.

4.

Har.ing regard to the fact that there is a compromise between the de facto-complainant and the accused No.l and the case against the accused Nos.2 to 4 has also been quashed and the police have also recommended dropping of action against the accused No.S, this Court deems it not necessary to issue notice to respondent No.2 at this stage and FIR against the accused No.S is also quashed. However, in case, the de facto-complainant has aly grievance against the accused No.5, she is at liberty to approach this Court. Accordingly, the Criminal petition.is closed. Miscellareous applications pending, if any, shall stand closed.

Sd/. C. PRAVEEN KUMAR ASSISTANT REGISTRAR //TRUE COPY// JlLr'

SECTION OFFICER To,

1. The Vll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

2. The Station House Officer, Malakpet Police Station, Hyderabad.

3. One CC to M/S. S.M. SAIFULLAH, Advocate [OPUC]

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

5. Two CD Copies Njb $.

HIGH COURT DATED:21 11212023 1trts srAre

ORDER

q co 2 2 [E[ 2023 CRLP.No.12584 ot 2023 * * Di:9p,,r1Clr{.O CLOSING THE CRLP *e @