Telangana High Court
Nagulapally Vineel Chandra vs The State Of Telangana on 20 September, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.5989 of 2022
ORDER:
Seeking to quash the proceedings that are pending against the petitioners, who are arrayed as Accused Nos.1 to 4 in C.C.No.129 of 2022 on the file of the Court of Judicial Magistrate of First Class (Special Mobile Court), Khammam, this Criminal Petition is filed.
2. Heard the submission of Sri P. Giri Krishna, learned counsel for the petitioners, as well as the learned Assistant Public Prosecutor, who is representing respondent No.1 - State. The notice sent to respondent No.2 returned unserved with an endorsement "She is not present in the given address". Learned counsel for the petitioners brought to the notice of this Court that the notice was sent to respondent No.2 to the address given in the charge sheet.
3. Making his submission, learned counsel for the petitioners contended that the petitioners have not committed any offences whatsoever, however, respondent No.2 has foisted a false case against the petitioners contending that the petitioners have committed offences punishable under Sections 498-A, 324 and 2 Dr. CSL,J Crl.P.No.5989 of 2022 506 IPC and Sections 3 and 4 of Dowry Prohibition Act and, indeed, the petitioners are innocent and they have nothing to do with the said offences. Learned counsel further contends that petitioner No.1/Accused No.1 is the husband, petitioner No.2/Accused No.2 is the mother-in-law, petitioner No.3/Accused No.3 is the sister-in-law and petitioner No.4/Accused No.4 is the father-in-law of respondent No.2/defacto complainant. Learned counsel further submits that respondent No.2 started raising disputes with petitioner No.1 since the date of marriage and despite several panchayats held, she did not mend her attitude. Learned counsel submitted that due to the arrogant attitude of respondent No.2, petitioner No.1 left several jobs and though he tried to lead amicable married life with respondent No.2, she did not allow him to do so and, finally, she foisted a false case against the petitioners.
4. Per contra, learned Assistant Public Prosecutor submits that as per the investigation done, it is found that the petitioners committed offences punishable under Sections 498-A, 324 and 506 IPC and also under Sections 3 and 4 of Dowry Prohibition Act 3 Dr. CSL,J Crl.P.No.5989 of 2022 and, therefore, charge sheet is laid and, hence, the proceedings should continue against the petitioners before the trial Court.
5. The matrix of the prosecution case, as could be perceived through the contents of the charge sheet is, that the marriage of respondent No.2 was performed with petitioner No.1 herein in the year 2015. As per the talks that went on between the parties, gold ornaments and dowry was also given to the petitioners. After the marriage, respondent No.2 joined the company of petitioner No.1 to lead conjugal life. Petitioner No.1 was doing job at TCS, Hyderabad. Later, petitioner No.1 and respondent No.2 shifted their family to Bangalore. But, petitioner No.1 started harassing respondent No.2 demanding additional dowry and criticizing her. Though the matter was informed to petitioner No.2 over phone, petitioner No.2 also supported her son i.e. petitioner No.1 herein. Further, she also harassed respondent No.2 mentally and physically demanding additional dowry. The other petitioners also joined her. Later, petitioner No.1 shifted his residence from Bangalore to Hyderabad, but the harassment continued. On 03.03.2022, petitioner No.1 abused respondent No.2 and her 4 Dr. CSL,J Crl.P.No.5989 of 2022 family members and beat them and in the said incident, respondent No.2 received bleeding injury.
6. Stating that the allegations levelled are all false, learned counsel for the petitioners brought to the notice of this Court the complaint given by petitioner No.1 to the Inspector of Police of Rajendranagar Police Station, Cyberabad. In the said complaint, petitioner No.1 narrated that he was beaten at his residence by his wife, her brother and his in-laws. Learned counsel also brought to the notice of this Court the acknowledgement issued by the Telangana State Police Department regarding receipt of the said complaint. Learned counsel also brought to the notice of this Court the case lodged against the wife of petitioner No.1 i.e. respondent No.2 herein and her mother for the offence punishable under Section 290 IPC. Learned counsel states that respondent No.2 and her family members approached petitioner No.1 and created nuisance on 29.03.2022 and, therefore, petitioner No.1 gave a complaint to the police, basing on which, on investigation, a case is booked and charge sheet is laid. Learned counsel also stated that in the said case, both of them i.e. respondent No.2 and her mother, admitting guilt, paid fine. Learned counsel also 5 Dr. CSL,J Crl.P.No.5989 of 2022 brought to the notice of this Court the letters issued by Accenture Services Private Limited and Capgemini Technology Services India Limited which discloses that petitioner No.1 left those organizations.
7. Learned counsel also brought to the notice of this Court the complaint given by petitioner Nos.1 and 2 to the Inspector of Police, Rajendranagar Police Station, that they are being threatened by respondent No.2 and her family members. The acknowledgement regarding receipt of the said complaint that is given by the Telangana State Police Department is also referred to.
8. By referring the aforesaid documents, learned counsel for the petitioners submits that only to wreck vengeance, respondent No.2 gave a false complaint to the police and, indeed, the petitioners are victims. Learned counsel states that, in fact, respondent No.2 harassed petitioner No.1 on several grounds, raised disputes on petty issues and, finally, she gave a complaint to the police to bring all the petitioners to her terms. 6
Dr. CSL,J Crl.P.No.5989 of 2022
9. A meticulous perusal of the material available on record reveals lack of material particulars with regard to the involvement of the petitioner Nos.2 to 4 in the family affairs of petitioner No.1 and respondent No.2. Also, by the material that is brought on record, it is clear that respondent No.2 herein gave complaint to the police on 04.03.2022. But much earlier i.e. on 24.02.2022, petitioner Nos.1 and 2 gave a complaint to police and thereafter, another complaint dated 03.03.2022 was also given. The allegations as far as the demand of dowry and the harassment of respondent No.2 by petitioner Nos.2 to 4 are omnibus in nature and lacks material particulars. As far as offences punishable under Sections 324 and 506 IPC are concerned, in the charge sheet, it is alleged that when petitioner No.1 attacked respondent No.2, she sustained bleeding injury and that she took treatment. The Doctor concerned is also cited as a witness. Likewise, there are triable issues even regarding the offence punishable under Section 506 IPC. Therefore, this Court is of the view that petitioner No.1 has to be subjected to trial for the said offences. As far as the allegations that are directed against rest of the petitioners are concerned, those allegations, as earlier indicated, 7 Dr. CSL,J Crl.P.No.5989 of 2022 appear superficial and they lack material particulars. Therefore, this Court is of the view that the Criminal Petition is liable to be allowed in part.
10. Resultantly, the Criminal Petition is allowed in part. The proceedings that are pending against petitioner Nos.2 to 4, who are arrayed as Accused Nos.2 to 4, respectively, in C.C.No.129 of 2022 on the file of the Court of Judicial Magistrate of First Class (Special Mobile Court), Khammam, are hereby quashed. Likewise, the proceedings that are pending against petitioner No.1/Accused No.1 for the offences punishable under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act are also quashed. However, the proceedings against petitioner No.1/Accused No.1 shall continue for the offences punishable under Sections 324 and 506 IPC.
11. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 20.09.2022.
Msr 8 Dr. CSL,J Crl.P.No.5989 of 2022 THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.5989 of 2022 20.09.2022 (Msr)