S K KHALEEL Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of Code of Criminal Procedure has been filed to quash the proceedings against the Petitioners in S.C. No. 267 of 2005 pending on the file of Additional Sessions Judge, Karimnagar District at Peddapally, wherein they were charged for the offences under Sections 306 read with 511 and 506 I.P.C.

(2.) The statement of the complainant recorded by the Magistrate discloses that one Yashmeen Sultana, daughter of Goremiya fell in love with Ramesh, the elder brother of the complainant, and that they both got married before the Sub-Registrar, Peddapalli on 16.4.2004. On coming to know the marriage, the father of the girl, Goremiya got angry, hatched a plan to do away with the life of Ramesh, that in pursuance of his plan, he along with Natraj Muldhiyar and his servant Gorre Komuraiah of Kagaz Nagar, murdered Ramesh on 19.6.2004. On the complaint of Vamanachary, the father of the complainant, a case in Crime No. 161 of 2004 was registered under Section 302 r/w 34 IPC on the file of I Town Police Station, Godavarikhani and after investigation, police laid the charge sheet. On filing the charge sheet, the Petitioners herein, who are the relatives of Goremiya, threatened the complainant to withdraw the murder case otherwise they would kill him. Afraid of the frequent threats from the Petitioners herein, he consumed some unknown poison on 12.7.2007 with an intention to commit suicide, that he was treated in the hospital and was discharged from the hospital on 16.11.2004. On the statement of the complainant so recorded, police registered a case in Crime No. 182 of 2004 under Section 306 read with 511 IPC and Section 506 IPC and after due investigation, laid the charge sheet against the Petitioners for the said offences.

(3.) Sri M.A. Bari, learned Counsel appearing for the Petitioners contended that since the complainant-second Respondent herein who attempted to commit suicide was survived and was discharged from the hospital, the Petitioners cannot be charged for an offence under Section 306 read with 511 IPC. Further, the offence under Section 506 is a non-cognizable offence and hence, the police cannot file a charge sheet for the said offence and that unless the person aggrieved makes a complaint, the Petitioners cannot be proceeded for the charge under Section 506 IPC and therefore, the impugned proceedings are liable to be quashed.