Shivaratri Pushpa And 10 Others v. The State Of Ap., And Another
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVIONDAY,THE EIGHTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SMTJUSTICE P.SREE SUDHA CRIMINAL PETITION NO: 2154 OF 2013 Between:
1. SHIVARATRI PUSHPA Wo Maisaiah occ: Labour R/o Peddaramcharla Village, Janagam Mandal Warangal district
2. K.Siddamallaiah, S/o Masaiah occ; Coolie r/o Baddanagaram Village, Buchanapet Mandal Warangal District
3. I.Siddaiamma, Wo Mallaiah occ: Coolie Rajapet Village & Mandal Nalgonda District
4. I.Srinu, S/o Mallaiah occ: Coolie R/o Rajapet Vlllage and Mandal Nalgonda District
5. K.Swaamy, S/o Chainnamalaiah occ; Coolie r/o Baddanagaram Village, Buchanapet Mandal Warangal District
6. B.Sridhar, S/o Yadagiri occ; coolie R/o Kanchanapally Village Raghunathpally Mandal Warangal District
7. B.Susheela, W/o Yadagiri occ; Agriculture R/o Kanchanapally Village Raghunathpally Mandal Warangal District
8. B.Yadagiri, S/o Venkataiah occ; Agriculture R/o Kanchanapally Village Raghunathpally Mandal Warangal District
9. Shivaratri Thara, Wo Srinu occ: Coolie r/o Katha Village, Nangunoor Mandal Medak District
10. K.Chandraiah, S/o Maisaiah occ; Coolie R/o Bandanagaram Village Buchanapet Mandal Warangal oistrict
11. Shivaratri Maisaiah, S/o Bixapathi occ: Coolie R/o Peddaramacharla Village Janagam Mandal Warangal District ..,..PETmONERS/A2-A12 AND
1. THE STATE OF AP. Rep by its Public Prosecutor High Coutt of AP., Hyderabad
2. K.Radha, W/o Srinu occ: House wife R/o Veldanda Village, Narmeetta Mandal Warangal District ,,...RESPONDENTS/COMPLAINANT 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 all further proceedings in PRC No.34l2012 on the file of the court of the Judicial First Class Munsiff Magistrate at Jangaon, Warangal District I.A. NO: 1 OF 2013(CRLPMP, NO: 1870 OF 2O13) :-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 petitioners in PRC No,34l2012 on the file of the court of the Judicial First Class Munsiff Magistrte at jangaon, Warangal District pending disposal of the above Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P SHASHI KIRAN ,Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No. 1 and of None appeared for the Respondent No.
THE HONOURABLE SMT JUSTICE P. SREE SUDHA cRlrvtrNAL PETITI ON No.2'154 of 2013 ORDER:
This criminal petition is filed under Section 482 Cr.P.C., to quash the proceedings in P.R.C.No.34 of 2012 pending on the file of the Judicial First Class Munsiff Magistrate at Jangaon, Warangal District. The petitioners herein are A2 to 412. The offences alleged against them are under Sections 498-4, 307, 494 read with Section 109 IPC and under Sections 3 and 4 of Dowry Prohibition Act. 2.
On 19.03.20'1 3, this Court, while issuing notice to respondent No.2, granted interim stay and the same is extended until further orders.
3.
Though the matter undenrrent several adjournments, none appears for the petitioners, Even today, when the matter is taken up, learned counsel for the petitioners has not turned up. Heard learned Assistant Public Prosecutor and perused the record. 4.
The brief facts of the case, as per the charge sheet, are that the marriage of de-facto complainant, respondent No.2 herein, was performed with 41 on 18.06.2005 at Veldanda Village, and they blessed with two children. Thereafter, A1 to 412 started harassing the de-facto complainant by demanding additional dowry of Rs.50,0001. They also used to beat her. On 05.09.2011 at 1700 hours, A2 to 412 came to the house of de-facto complainant with an intention to perform another marriage to 41 and abetted 41 to kill her, due to which, A1 poured kerosene on her, lit fire and tried to
\ Crl.P.No.2 thrown on her, but she managed to escape and went to her parents' house, Again on 10.01 .2012, A1 came to the house of the parents of de-facto complainant at Veldanda village and tried to kill her by pressing her neck for not bringing additional dowry, and 41 also threatened her that if she fails to bring additional dowry, he will perform another marriage. Later, A2 to A12 have performed the second marriage of Al with 413 and that 414 and A15 supported the said marriage. Hence, she filed a complaint against A1 to 415 and the same was registered as Cr.No.2O oI 2012 of Narmetta Police Station, for the offences under Sections 498-A, 307, 494 read with Section 109 IPC and under Sections 3 and 4 of Dowry Prohibition Act.
5, ln the affidavit, it is stated that petitioner Nos.1 & 11-A2 and 412 are elder sister and brother-in-law of A1 and they are residents of Peddaramcherla Village, Jangaon Mandal, and they have no nexus with the alleged offences. Petitioner No.2-A3 is paternal uncle of Al and he is no way connected with the day-to-day affairs of 41 and his family. Petitioner Nos.3 and 4-A4 and A5 are paternal mother-in-law of 41 and her son and they are residents of Nalgonda District and except that relation, there is no other nexus between them. Petitioner No.5-46 is the son of the brother of grandfather of 41 , Petitioner No.6-47 is nephew of A'l , petitioner Nos.7 and 8-A8 and A9 are the paternal mother-in-law and her husband of 41 , petitioner No.9 is married sister of 41 and petitioner No.10 is father of Al, aged 62 years, and they are no way concerned with the dayto-day affairs of 41 and they have not committed any offences as
,/ .
crl.P.No.2154 0f 2013 J ) alleged by the prosecution. lt is further stated that the present / complaint is filed on 28.03.2012 with a delay of 2 months 18 days. lt is also stated that the petitioners have been falsely implicated in the present crime with a mala /lde intention under political pressure, which is nothing cut an abuse of process of the Court. Thus, they prayed to quash the proceedings against them. 6.
The main contention of petitioners is that they are only near and dear relatives of 41 and they have been falsely implicated in the present case and there is no material against them. But the present status of the case is not mentioned by the petitioners. 7.
A perusal of the complaint and the charge sheet would show that there are specific allegations against the petitioners that they used to harass the de-facto complainant by demanding additional dowry of Rs.50,0001 and that on 05.09.201 1 at 1700 ours, they went to the house of 41 and abetted Al to kill her with an intention to perform another marriage to Al . lt is also alleged that the petitioners have performed the second marriage to 41 with 413. The correctness or othenivise of the said allegations has to be decided by the trial Court only after conducting full-fledged trial. More so, interim stay was granted way back in 2013 and there is no representation for the petitioners. Therefore, I do not find any merit in the present criminal petition to quash the proceedings against the petitioners. However, the petitioners are at liberty to approach the trial Court for disposal of the matter at an early date.
Crl.P,No.2 8.
ln view of the above, the present criminal petition is devoid of merit. Accordingly, the Criminal Petition is dismissed. 9.
Miscellaneous applications, if any, pending in this criminal petition shall stand dismissed.
sd/-K.vENKATAH ASSISTANT REGISTRAR //TRUE COPY I I SE FICER To,
1. The ludicial First Class Munsiff Magistrte at jangaon, Warangal District
2. The Station House Officer, Narmetti Police Station Narmetta Warangal District
3. One CC to SRI P SHASHI KIRAN Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR, High Court for the State ofTelangana at Hyderabad [OUT]
5. Two CD Copies
6. One Spare Copy .'.\k
HIGH COURT DATED:18/ 10/2021 .(6C STAr€ o*
ORDER
CRIP.No.2154 ot 2OL3 tt oo 3 0 0gt202l * t)ESPAT'
DISMISSING THE CRIMINAL PETITION 1O ?\