ARUNA DHANYAKUMAR DOSHI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) FACTUAL ASPECT : The appellant is the complainant on whose complaint a First Information Report being Crime No.21 of 2021 (for short, 'the impugned FIR') was registered for the offences punishable under Ss. 342, 347, 504, 506, 116 and 384 read with Sec. 34 of the Indian Penal Code (for short, 'the IPC') as well as under Ss. 23 and 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the 2007 Act'). 2nd to 5th respondents were shown as accused. The 2nd respondent is a son of the appellant. The 3rd respondent is the wife of the 2nd respondent. The 4th respondent is the daughter of 2nd and 3rd respondents. The 5th respondent is the father of the 3rd respondent.

(2.) One Dhanyakumar Doshi was the appellant's husband. The appellant has two sons (2nd respondent and Akshay) and two daughters - Shubhangi and Sangita. The appellant's husband died on 24/2/2020. On 4/9/2017, the appellant and her husband executed a registered Gift Deed by which they gifted an immovable property and a residential house to 4th respondent. On 16/10/2017, the appellant and her husband executed a Deed of Rectification to correct the mistake that crept into the description of the property in the Gift Deed dtd. 4/9/2017. Another Gift Deed was executed by the appellant and her husband on 7/11/2017, by which they gifted a flat/apartment in Hyderabad to the 2nd and 4th respondents.

(3.) It is the case of the appellant that on 29/3/2019, her husband addressed a letter to the District Magistrate and District Commissioner of Hyderabad Urban District alleging that the 2nd and 3rd respondents have been harassing and threatening him and the appellant and that they forced them to execute gift deeds of their valuable properties. He alleged that the 2nd and 3rd respondents had threatened him not to disclose the execution of gift deeds. He was afraid of revealing the said facts to anyone. He alleged that 2nd and 3rd respondents were ill-treating his younger son. Therefore, the appellant's husband requested the District Magistrate to cancel the Gift Deeds. In the letter, the appellant's husband mentioned that his confidant shall post the same only after his death. The appellant's case is that when her daughter Sangita visited Hyderabad, her husband handed her a copy of the letter dtd. 29/3/2019.