Telangana High Court
Koneru Narender 3 Others vs The State Of Telangana Another on 7 January, 2022
Author: G. Radha Rani
Bench: G. Radha Rani
THE HON'BLE Dr. JUSTICE G. RADHA RANI
CRIMINAL PETITION No.4122 of 2015
ORDER:
This petition is filed by the petitioners-Accused Nos.1 to 4 under Section 482 Cr.P.C. to quash the proceedings in Crime No.329 of 2014 on the file of Marredpally Police Station, Hyderabad District registered against them for the offences under Sections 506, 417 and 420 IPC.
2. The case of the petitioners in brief was that the 2nd respondent was the wife of the 1st petitioner - A1. She lodged a complaint before the police on 14.11.2014 at 12.45 PM stating that A1 used to harass her to marry him and used to come to her college while she was studying intermediate in Narayana Junior College, Patny Centre during the year 2011. But, she ignored him. He further used to come near to her house to meet his friends Pavan and Raju and tried to talk with her. On 05.07.2014, morning she came out of the house to go to college, A1 came to her and stated that he had some obscene photographs of her and that he would post them in the internet if she would not follow him and also threatened to kill her younger brother, by name, Mohan Krishna and forcibly took her to Arya Samaj, Jeedimetla, where his friends A2 to A4 along with 4 to 5 others were present with garlands, sari and all other articles for marriage and made her to sign on some papers in the Arya Samaj. A1 forcibly married her and after the marriage, he let her to go to her house, but stated that she was his wife and if she told the same to anyone, she would face Dr.GRR,J 2 Crlp.No.4122 of 2015 serious consequences. On 07.08.2014, when she was going to college, A1 again came to her and by force took her to Kompally and then he took her to West Marredpally Police Station and told her to say that she married him with her will and wish and wanted to live with him only. Due to the fear of posting her photographs in the internet and threat to her younger brother's life, she acted as he told to her and even told her parents that A1 married her with her will and wish and she wanted to live with him. She stated that A1 did not even let her talk to her parents separately. She stated that on the said date when she went to the police station, West Marredpally, A1 took her to ECIL to the house of his friends Krishna and his wife Siya and kept her there for two days and then took her to Lal Bazar to a rented house kept her for two weeks and again took her to his friends house in ECIL and kept her for 25 days and then took her to Trimulgherry and kept her for one week and then took her to Dilshuknagar to the house of his relatives and kept there for two days. After that, she requested him that she would go to her parents' house for two weeks and would return to him. She was pregnant at that time. A1 sent her to her parents' house but while sending he threatened her that if she would say anything about the forcible marriage, he would kill her entire family and would also post her obscene photographs in the internet. She stated that during the period of her stay with A1, he did not allow her to call her parents on the cell phone and used to lock her in the room whenever he was going out for any work and did not allow her parents to contact her. She further stated that A1 had sexual Dr.GRR,J 3 Crlp.No.4122 of 2015 intercourse with her forcibly without her consent and did not allow her to go to the college. Even after she came to her parents' house, A1 continued his harassment and even threatened that he would kill himself and blame her. She did not want to go to him and live with him any more as such, she lodged the report. Basing on the said report, the police of West Marredpally registered the case in Crime No.329 of 2014 for the offences under Section 506, 417 and 420 IPC.
3. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor.
4. Learned counsel for the petitioners submitted that the 2nd respondent was the legally wedded wife of the 1st petitioner. She lodged the above complaint only to harass him. She acted according to the tune of her parents. The Sub-Inspector of Police of P.S. West Marredpally Mr. V. Ravi Kumar was an eye witness to the incident at the police station on 07.08.2014. The said Ravi Kumar conducted a panchayat at the Police Station between the parents of the 2nd respondent and the 1st petitioner and the 2nd respondent. The 2nd respondent herself refused to go with her parents, as such the Sub- Inspector Ravi Kumar sent the 2nd respondent with the 1st petitioner confirming that there was no threat and force in performing the marriage. The FIR was filed only to create a false ground for filing OP No.352 of 2015 on the file of Family Court, L.B. Nagar to declare the marriage as null and void. There was no specific reference of A2 to A4 at the time of alleged offence. The 2nd respondent herself admitted in the complaint that on 07.08.2014 she went to Marredpally Dr.GRR,J 4 Crlp.No.4122 of 2015 Police Station and admitted before the police and her parents that she got married to 1st petitioner with her consent and there was no force, as such filing of the complaint under Sections 506, 417 and 420 IPC was an abuse of process of law.
5. Learned counsel for the petitioners further stated that Arya Samaj, Jeedimetla issued marriage certificate vide Regd.No.649/2012 dated 05.07.2014. After marriage, the 1st petitioner had conducted a reception at his residence at Malkajgiri. All his relatives, friends, local people and elders attended the function. The 2nd respondent never complained anything about the marriage. After marriage, the 1st petitioner and the 2nd respondent lived together as husband and wife. The 2nd respondent was pregnant at the time of leaving the house of the 1st petitioner. The 1st petitioner got diagnosed her in LKS Digital Diagnosis, Kharkhana, Secunderabad. The diagnostic reports and doctors confirmed that the 2nd respondent was carrying 17 weeks pregnancy on 27.09.2014. On the occasion of Dasara festival, the parents of the 2nd respondent came to the house of the 1st petitioner and the 2nd respondent and requested the 1st petitioner to send the 2nd respondent to their house. At their request, the 1st petitioner sent the 2nd respondent to her parents' house. The parents of the 2nd respondent stated that she would be returned after Dasara festival. After going to her parents' house she was subjected to brain wash. As such, she changed her attitude towards the 1st petitioner and stopped talking with him and switched off her cell phone and avoided contacts with the 1st petitioner. The 2nd respondent and her parents hatched a Dr.GRR,J 5 Crlp.No.4122 of 2015 plan to get divorce from the 1st petitioner as he belonged to ST community. The parents of the 2nd respondent intentionally got the 2nd respondent aborted, which was unlawful and punishable and prayed to quash the proceedings in Crime No.329 of 2014.
6. Learned Additional Public Prosecutor reported to decide the petition on merits.
7. Perused the record. The complaint filed by the 2nd respondent would disclose that she was forcibly taken by the 1st petitioner to Arya Samaj, Jeedimetla and she was forced to sign on some papers in Arya Samaj. As per her compliant, she was sent to her parents' house after the marriage by the 1st petitioner. If she was forced by the 1st petitioner to marry him, nothing prevented her from informing the same to her parents as she was staying with them only even after the alleged forcible marriage on 05.07.2014. She stated that she was attending the college and on 07.08.2014 the 1st petitioner again came to her and forcibly took her to West Marredpally Police Station and at his instance she stated there that she married him with her will and wish. When her parents were also there in the police station and she was taken to the police station, she could inform the police as well as her parents about the forcible marriage, if it was conducted against her will and wish. The police would have helped her to go with her parents. But, instead she went along with the 1st petitioner as per her wish. She stated that A1 took her to several places and kept her under lock in the room and not allowed her to use her cell phone to contact with her parents and had sexual intercourse Dr.GRR,J 6 Crlp.No.4122 of 2015 with her forcibly without her consent. When she was staying in the houses of several other persons, she had an occasion to inform any of them about the atrocities committed by A1, if it were true. She stated that she requested the 1st petitioner and went to her parents' house stating that she would come back again in two weeks. But she failed to state that she was pregnant at that time. The prescription of the doctor of Nirmal Maternity & Surgical Nursing Home, Lal Bazar, Secunderabad dated 02.08.2014, 01.09.2014, 27.09.2014 and the diagnostic reports of LKS Digital Diagnostics, dated 02.09.2014 would disclose that the 2nd respondent was carrying 16 weeks pregnancy by the said date. She had not even lodged any report against the 1st petitioner - A1 or other petitioners even after going to her parents' house for Dasara festival. The complaint was given by her on 04.11.2014 i.e. four months after her marriage with the 1st petitioner - A1 stating that it was performed on force by A1. Though she stated that A1 threatened that he would post her obscene photographs in the internet and threatened to kill her younger brother and on that pretext she followed him to all the above places, A1 had not done any such acts as alleged by her after their separation which shows the hollowness of her allegations.
8. The copy of the petition filed by the learned counsel for the petitioners in OP No.352 of 2015 of the Family Court at L.B. Nagar would disclose that 2nd respondent filed a petition before the said court to declare the marriage between her and the 1st petitioner as null and void. She filed the same in the month of December 2014. As such, Dr.GRR,J 7 Crlp.No.4122 of 2015 the report given by her to the police in the month of November, 2014 appears to be a ground prepared by her for filing the divorce petition to treat the marriage as null and void.
9. Considering that the parties cannot be allowed to use criminal proceedings as a resort or vengeance to settle the private scores between them and the conduct of the 2nd respondent itself would disclose that the allegations made against the 1st petitioner - A1 are baseless and as there were no prima facie allegations against the petitioners No.2 to 4 - A2 to A4 to show that they had forced her in any manner to get her married with the 1st petitioner - A1, it is considered fit to quash the proceedings against the petitioners in Crime No.329 of 2014 on the file of Marredpally Police Station, Hyderabad registered for the offences under Sections 506, 417 and 420 IPC.
10. In the result, the Criminal Petition is allowed quashing the proceedings against the petitioners in Crime No.329 of 2014 on the file of Marredpally Police Station, Hyderabad registered for the offences under Sections 506, 417 and 420 IPC.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________ Dr. G. RADHA RANI, J January 07, 2022 KTL