Telangana High Court
Merugumala Manikya Rao And 3 Others vs The State Of Telangana And Another on 19 April, 2022
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.3554 of 2022
ORDER:
This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.398 of 2021 pending on the file of the Addl. Judicial Magistrate of First Class, Asifabad, Kumaram Bheem Asifabad District. The petitioners herein are accused Nos.2 to 5 in the said C.C. The offences alleged against them are under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and learned Public Prosecutor for the State. Perused the record. With their consent this Criminal Petition is disposed of, at the admission stage.
3. As per the complaint dated 20-08-2021 the marriage of A-1 with 2nd respondent was performed on 15-06-2020. Thereafter matrimonial disputes arose between them. Perusal of the charge sheet in the said Calendar Case 2 would reveal that prima facie there are certain allegations against the petitioners herein and they are triable issues. Then have face trial and prove their innocence. The petitioners herein have necked out the 2nd respondent from the house and they have also harassed the 2nd respondent. The defences taken by the petitioners cannot be considered in an application filed under Section 482 of Cr.P.C. The petitioners have to take the said defences before the trial Court and it is for the trial Court to consider the same, in accordance with law. In view of the same, this Court is not inclined to quash the proceedings in C.C.No.398 of 2021 against the petitioners herein. However, in matrimonial disputes the identification of parties is not in dispute. Petitioner Nos.1 and 2 are aged parents, aged about 64 and 58 years respectively and petitioner Nos.3 and 4 are brothers of A-1.
4. However, considering the fact that the disputes between A-1 and 2nd respondent are matrimonial disputes, 3 this Criminal Petition is disposed of dispensing with the presence of the petitioners herein / A-2 to A-5 only in C.C.No.398 of 2021 pending on the file of the Addl. Judicial Magistrate of First Class, Asifabad, Kumaram Bheem Asifabad District. However, they shall appear before the said Court as and when their presence is required.
Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.
___________________ K. LAKSHMAN, J April 19, 2022 PN 4 HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.3554 of 2022 April 19, 2022 PN