Puvvada Usha Rani v. The State Of Telangana Rep By Its P.P And Another

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 11302 OF 2017 ORDER:

A notice was ordered on respondent No. 2 by this Court on 21-11-2017. Accordingly, learned counsel for the petitioner sent notice under registered post with acknowledgement due to respondent No. 2 to her address furnished in the charge sheet and it is returned unclaimed. In view of the circumstances of the case, service is held sufficient. 2.

Learned counsel for the petitioner-accused No. 2 submitted that the petitioner is a friend of accused No. 1. It is alleged in the charge sheet filed that accused No. 1, by keeping illegal contact with the petitioneraccused No. 2, harassed mentally and physically his wife - de facto complainant to bring some gold etc.,. On completion of investigation, charge sheet is filed for the offences under Sections 498-A, 406 and 506 of the Indian Penal Code (for short, 'I.P.C.') and Sections 3 and 4 of Dowry Prohibition Act against accused No. 1 and for the offences under Section 498-A read with Section 109 I.P.C. against the petitioner. Learned counsel for the petitioner relied on a decision reported in U.Suvetha Vs. State by Inspector of Police and another1, wherein the Hon'ble Apex Court held that girlfriend or concubine, being not related to husband by blood or marriage, cannot be convicted for the offence punishable under Section 498-A I.P.C.

3.

In view of the circumstances, the proceedings against the petitioner-accused No. 2 can be quashed as prayed for. 4.

The petitioner-accused No. 2 is alleged to have illegal contact with accused No. 1. The petitioner is not related to accused No. 1-husband by blood or marriage. The petitioner may be having illegal contacts with accused No. 1 as alleged by the de facto complainant. Therefore, the 1 (2009) 6 SCC 757

petitioner cannot be proceeded for the offences alleged under Section 498-A read with Section 109 I.P.C. The above decision squarely applies to the instant case. In view of the circumstances, the proceedings against the petitioner-accused No. 2 in C.C.No. 361 of 2017 on the file of the Court of Additional Judicial Magistrate of I Class, Khammam, are quashed.

5.

The criminal petition is accordingly allowed.

Pending miscellaneous petitions, if any, shall stand closed in consequence. _______________________ Dr. SHAMEEM AKTHER, J.

12th February, 2018 JSK