Nenavath Darji And Another v. The State Of Telengana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY,THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 1O 4L2 0F 2022 Between:

1. Nenavath Darji, W/o. N. Dasya, Age.60 years, Occ. Labour, R/o. Venkat Naik Thanda, Chatriyal (V),Chandampet Mandal, Nalgonda District.

2. Nenavath Mallesh, S/o. N. Dasya, Age. 38 years, Occ.. Labour, R/o, Venkat Naik Thanda, Chatriyal (V),Chandampet Mandal, Nalgonda District, ...PETTTTONER/ACCUSED NO. 2 & 3 AND

1. The State of Telengana, Rep. by Public Prosecutor, High Court of Telangan at Hyderabad.

2. Mudavath Hasya, S/o Tikku Naik R/o. H.No. 3/15, INNURM Colony, Abdullapurment Mandal, Ranga Reddy dist. N / o. Venkata Naik Thanda, Chithrayala Village, Chandampet Mandal, Nalgonda dist. ...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 pleased to quash the proceeding Petitioners/Accused No.2,3 in connection with Crime No. 1189 OF 2022 dated 27/09/2022 on the file of Meerpet police Station, Ranga Reddy District, for the oFfence under section 306, 498-4 r/w 34 IPC, 3, 4 DP Act.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S VIPLAV SiMHA REDDY,Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and NONE appeared for the Respondent No. 2.

The Court made the following: ORDER I

Crl.Petition No.10412 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10412 OF 2022 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.') by the petitioners-Accused Nos.2 and 3 to quash the proceedings against them in FIR No.11B9 of 2022 pending on the file of Station House Officer, Meerpet Police Station, Rachakonda, registered for the offences under Sections 306 and 498-4 read with Section 34 of Indian Penal Code (for short "IPC") and Sections 3 and 4 Dowry Prohibition Act (for short "DP Act'). 2.

Heard learned counsel for the petitioners - Accused Nos.2 and 3 and learned Additional Public Prosecutor for the respondent - State. Perused the material on record.

3.

The petitioners are mother and brother of Accused No.1. It is the complaint against Accused No.1 that he started harassing his wife for registration of land in his name, for which reason/ a complaint was filed I I in Saroornagar Police Station and later the same was compromised. However, the wife of Accused No.1 committed suicide, for the reason of constant harassment by her husband physically and mentally and was also beaten.

C'1. Petition No.10412 of 2022 4.

In the complaint lodged by the mother of the deceased, it is mentioned that these petitioners supported Accusei No.1 in harassing her daughter. Admittedly there is no direct demand by these petitioners even according to the complaint.

5.

In the said circumstances, the Investigating Officer in FIR N0.1189 of 2022 pending on the file of Station House Officer, Meerpet Police Station, Rachakonda is directed to conclude the investigation without arresting the petitioners - Accused Nos.2 and 3. Further, the petitioners - Accused Nos.2 and 3 shall co-operate with the Inv,:stigating Officer as and when required for the purpose of investigation. 6.

Accordingly, the Criminal Petition is disposed otT. Miscellaneous applications pending, if any, shall stand closed. sd/- M. MANIULA DEPUTY REGISTRAR / /TRUE COPY/ / SECTION OFFICER To,

1. The VI Metropolitan Magistrate, Rachakonda at [.B.Nagar, R. R. District.

2. The Station House Officer, Meerpet Police Station, Ranga Reddy District.

3. One CC to Sri. S Viplav Simha Reddy, Advocate [OPUC]

4. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderaba.d. [OUT]

5. Two CD Copies VHd

HIGH COURT KSrJ DATED: 23/ LL/2022 ..\t\ 1EL-q o c

ORDER

o a.

s ,\.v C2 t CRLP.No.LO4t2 ot 2O22 \ ,,: |/ \i DISPOSING OF THE CRIMINAL PETITION.

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