Telangana High Court
Pujari Parthasarathi vs The State Of Telangana And Another on 12 March, 2025
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1480 OF 2021
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C., by the petitioner/accused No.2, to quash the proceedings in C.C.No.5503 of 2020, on the file of the V Additional Metropolitan Magistrate, Cyberabad, L.B.Nagar, for the offences punishable under Section 498-A, 323, and 506 of I.P.C., and Sections 3, and 4 of D.P.Act.
2. Heard learned counsel for the petitioner/accused No.2 and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. The 2nd respondent lodged a complaint on 03.06.2020, which reads as follows:
"To The Inspector of Police, Mahila Police Station, Saroornagar, Hyderabad.
Respected Sir/madam, I, S.Vaishnavi w/o P.Vishnu Vardhan, Occ.Asst Professor, R/o. S.K.D.Nagar Road No.9, Near Shivalayam, B.N.Reddy Nagar. My husband name P.Vishnu Vardhan S/o Parthasarathi Occupation: Cab Driver (Vehicle No.TS08UD1745) R/o. S.K.D.Nagar, Near Shivalayam, B.N.Reddy Nagar.
I got married on 23.03.2008. At the time of the marriage also they had provided all the false information 2 regarding my husband Date of Birth, job and his behavior. Since the day one of my marriage my husband drinks daily and tortures me physically and mentally. We are having two children (Twins) boy and girl of age 10 years. He daily drinks and abuses, beats me frequently till late nights upto 2:00 A.M. or 3:00 A.M's. His impact is also on the children, he also deals similar way with children. Children are getting afraid of him. He also calls my parents and relatives and abuses them frequently by calling at mid nights. He also scolds me and beats me to bring money from my parents. In spite I am maintaining all the family needs. He never takes his responsibility towards family and does not work at all and does not earn any money.
He is not social and he does not allow me and children to talk and go anywhere even my parents home. He also does not allow anyone to come to our home. I tried out many times by giving him many chances but his behavior did not change. He repeated his psycho nature towards me and children. I also gave complaint in Vanasthalipuram Police Station for two times we has tried to talk with elders people and PS Counseling but his behavior did not change at all. Even his parents never take responsibility towards the issue and never warn him. He does all these things with his parents support only. He pulled out Mangalsutra twice and left me on roads at late night. He also cut my hair with his psycho nature.
By doing all these things he spoiled mine and children's life.
So please take necessary action and provide justification and secure my life from him."
4. The 2nd respondent was again examined by the police under Section 161 Cr.P.C., and the same narration is given, however, additional allegation is mentioned in the statement that a demand of Rs.2,00,000/- is made. 3
5. The allegation against the petitioner is that though the 2nd respondent informed the petitioner, who lives in Kurnool, he did not take care and stated that he has performed the marriage and it is for the 2nd respondent and her husband i.e. Accused No.1 to live their own lives.
6. The only allegation against the petitioner is that he refused to interfere with the lives of 2nd respondent and her husband i.e., son of the petitioner.
7. The said act of the petitioner in refusing to either admonish his son or interfere with the acts of the son/accused No.1 will not amount to cruelty. Section 498-A of IPC reads as under:
"498-A. Husband or relative of husband of a woman subjecting her to cruelty.--
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.Explanation.-- For the purpose of this section, "cruelty" means--(a)any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or(b)harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand."4
8. As seen from the allegation made, the petitioner refused to interfere with the lives of respondent No.2 and her husband. As such, the conduct of not interfering in between the wife and husband or not admonishing his son to behave properly with the 2nd respondent, will not fall within the explanation of cruelty. For the said reason, the proceedings against the petitioner are liable to be quashed.
9. Therefore, the proceedings in C.C.No.5503 of 2020, on the file of the V Additional Metropolitan Magistrate, Cyberabad, L.B.Nagar, are quashed. Accordingly, this Criminal Petition is allowed. Miscellaneous Petitions pending, if any, shall stand closed.
___________________ K.SURENDER, J Date: 12.03.2025 PNS 5 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1480 OF 2021 Date: 12.03.2025 PNS