S. SRINIVAS REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is A.2 out of two accused in C.C.No.4688 of 2018 on the file of the XIV Metropolitan Magistrate, Ranga Reddy district at L.B.Nagar, outcome of Cr.No.104 of 2018, dt.09.07.2018 of Saroornagar Woman Police Station, Rachakonda Commissionerate, Ranga Reddy district, registered for offences punishable under Section 498-A IPC, on the report of the 2nd respondent/defactocomplainant, none other than wife of A.1 and the petitioner-A.2 is her brother-inlaw.

(2.) The averments in the report of the defacto-complainant in registration of the crime supra are that 16 years prior to the date of complaint, her marriage was performed with A.1 and they were blessed with a female child now aged about 16 years and male child aged about 13 years. Two months after happy marital life, the A.1 suspected her and started harassing her and neglected her and her children by following the directions of his mother, brother-the petitioner and sister. When she questioned him, he said that when the children come to him, he can look after them. Hence to take action against her in-laws.

(3.) After registering the complaint by L.W.7-Inspector of Police(G.Manjula) as the crime supra for the above offence, the L.W.8 Sub Inspector of Police (S.Chennakesava Raju) took up investigation and after completion of investigation filed chargesheet which reveals that during investigation he examined L.Ws. 1 to 6 viz: L.W.1-defact-complainant, L.W.2-father of the victim, L.W.3-mother of L.W.1, L.Ws. 4 and 5 friends of L.W.2 and L.W.6 is younger paternal uncle of victim and recorded their statements and also collected the copies of wedding card and family photo. The chargesheet further discloses that prior to First Information Report, on 02.05.2018 the defacto-complainant and the accused were referred to the Family Welfare Committee (FWC), Legal Services Authority, Nayya Seva Sadan, Ranga Reddy district at LB Nagar for counseling and opinion but on the absence of the accused, the FWC opined vide FWC No.272 of 2018 that the accused harassed the defacto-complainant. Then L.W.8, issued notice u/sec.41-A CrPC to the A.1 and the A.2-the petitioner informing that a chargesheet will be filed in the Court and to attend the Court whenever receives summons and also asking them to cooperate with the investigation. While so, on 14.07.2018 arrested A.1 on his surrender The chargesheet further reveals that the marriage of A.1 and the defacto-complainant was performed on 28.02.2002 at her parental house by offering 10tulas of gold and cash of Rs.80,000/- and Rs.30,000/- towards adapaduchu katnam. After marriage, she joined him at Aakuthotapally where the A.1 looked after her well for about three months and then started suspecting her and harassing her mentally and physically and also abused her filthy, on the instigation of A.2-petitioner. During wedlock, they were blessed with one male and one female child. After migrating to Hyderabad, the A.1 did not do any job and his earnings if any, he used to send to the petitioner-A.2 and did not give anything for family maintenance. The A.1 used to follow the directions of his elder sisters.