B. S. RAJESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos.1 to 6, in C.C.No.19 of 2022, on the file of the learned XV Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Ss. 498-A, 494, 406, 417 and 509 of the Indian Penal Code, 1860 (for short 'the IPC') and Ss. 4 and 6 of the Dowry Prohibition Act, 1961 (for short 'the DP Act').

(2.) Brief facts of the case are that respondent No.2/de facto complainant lodged a complaint before the Police, Women Police Station, North Zone, Secunderabad, against the petitioners stating that the marriage between herself and petitioner No.1 was performed on 6/2/2014. After marriage, she went to her in-laws house and lead her marital life for some time. During the said period, she was tortured physically and mentally. Out of their wedlock, they were blessed with male child. Petitioner No.1 never visited to see the child up to 8 months. On several requests of respondent No.2, the petitioners took her to marital home. Again, the petitioners started harassing her mentally and demanded additional dowry. Later, petitioner Nos.1 and 2 dropped at her maternal home. The parents of respondent No.2 held panchayat between them, petitioner No.1 and her parents gave assurance that they will take care of respondent No.2 and her child and did not harass her in future. Thereafter, respondent No.2 received divorce notice in F.C.O.P.No.544 of 2016 from petitioner No.1, and when she went to her marital home, the petitioners thrashed her out of the home. Thereafter, the petitioner No.1 gave assurance that he will withdraw the case and take care of respondent No.2 and her child. Petitioner No.1 had telephonic contact with respondent No.2 and her son till May, 2021. On 3/5/2021, her mother-in-law died, and when she went to her rituals, the petitioners abused her in filthy language, and that she came to know that petitioner No.1 took an ex-party divorce in the year 2018 without her knowledge, due to which, she completely breakdown and went to depression after that she underwent treatment.

(3.) Basing on the said complaint, the Police registered a case in crime No.06 of 2022 for the offences punishable under Ss. 498-A, 494, 406, 417 and 509 of the IPC and Ss. 4 and 6 of the DP Act and after completion of investigation, they filed charge sheet, which was numbered as C.C.No.19 of 2022, before the learned XV Additional Chief Metropolitan Magistrate, Hyderabad.