KARASANI JYOTHIKA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 Cr.P.C. seeking to quash the charges in S.C. No. 515/2021 against the petitioners on the file of the II Additional Senior Civil Judge, Guntur for the offence punishable u/Ss. 323, 504, 306 r/w 34 IPC.

(2.) 1st petitioner studied in Vision School. According to the complaint 1st petitioner studied in Vision school and the son of the defacto complainant had acquired job and the 2nd petitioner instigated the 1st petitioner to bet her son and accordingly, the 2nd petitioner who is the father of the 1st petitioner instigated his daughter to beat Fardhin Vali with chappal, since then he was under depression and inactive. Thereby they have threatened for lodging a complaint in police station by coming to their house. Due to which, the complainant's son committed suicide by hanging on 20/12/2020 at about 1 p.m. Accordingly, she made a complaint to initiate action against the petitioners and basing on the said complaint, the respondents have registered F.I.R. No. 1132/2020 dtd. 20/12/2020 under Sec. 306 r/w 34 IPC against the petitioners 1 and 2 and accordingly, the respondents have investigated and laid charge sheet and the same was numbered as Sessions Case No. 515/2021 on the file of the learned II Additional Senior Civil Judge, Guntur.

(3.) Learned counsel appearing on behalf of the petitioners have submitted that the complaint itself is not maintainable in view of the observations made by the Hon'ble Apex Court, as such the ingredients of Sec. 306 IPC would not attract to the instant case. Though the deceased is harassing the 1st petitioner, the same was brought to the notice of the defacto complainant and in fact defacto complainant herself has stated in a telephonic conversation requesting the 2nd petitioner to file a police complaint.