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Telangana High Court

Smt Vayira Revathi Alias Surya Revathi vs The State Of Telangana on 30 June, 2022

Author: K. Lakshman

Bench: K. Lakshman

      THE HONOURABLE SRI JUSTICE K. LAKSHMAN

           CRIMINAL PETITION No. 5671 OF 2022

ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed seeking to quash the proceedings in C.C.No.100342 of 2017, pending on the file of Judicial First Class Magistrate at Bhadrachalam, Bhadradri Kothagudem District. The petitioner herein is accused No.4 in the said crime. The offences alleged against her are under Sections 498-A and 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.

2. Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents. Perused the record.

3. Perusal of the record would reveal that the marriage of A-1 with the 2nd respondent was performed on 16.11.2013. Thereafter, matrimonial disputes arose between them. In the charge sheet, the allegations leveled by the 2nd respondent against the petitioner herein are that she used to insult her saying that she is black in colour, abuse her in filthy language and used to harass her mentally and physically demanding her 2 to get additional dowry. Prima facie, there are certain allegations against the petitioner herein. They are triable issues and the petitioner has to face trial and prove her innocence. This Court cannot go into the same in an application filed under Section 482 Cr.P.C. Therefore, this Court is not inclined to quash the proceedings in C.C.No.100342 of 2017. The petitioner herein is married sister of A-1. In matrimonial disputes, identification of parties is not in dispute.

4. Considering the above said facts, this Criminal Petition is disposed of dispensing with the presence of petitioner herein/A-4 in C.C.No.100342 of 2017, pending on the file of Judicial First Class Magistrate at Bhadrachalam, Bhadradri Kothagudem District. However, petitioner herein shall appear before the said Court as and when her presence is required.

Miscellaneous Petitions, pending if any, shall stand closed.

__________________ K. LAKSHMAN, J Date: 30.06.2022 dv