CHIDURALA SUDHEER KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused Nos.1 and 5 seeking to quash the proceedings against them in C.C.No.239 of 2019 on the file of Judicial Magistrate of First Class (Special Mobile Court), Khammam, for the offence punishable under Section 498-A I.P.C and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the 2nd respondent-complainant.

(3.) The present petitioners/accused Nos.1 and 5 are husband and sister-in-law of the 2nd respondent; that the marriage of petitioner No.2 was performed prior to the marriage of petitioner No.1/accused No.1 with respondent No.2; that petitioner No.2 is living with her husband and children at U.S.A and she is nothing to do with the proceedings in subject C.C; that the 2nd respondent herself left the company of the petitioner No.1. It is stated that vide Judgment, dated 11.02.2019, in C.C.No.239 of 2019, the learned Judicial Magistrate of First Class (Special Mobile Court) Khammam, found Accused Nos.2 to 4 and 6 were not guilty of aforesaid offences and accordingly, they were acquitted. It is also stated that petitioner No.1/accused No.1 filed F.C.O.P.No.437 of 2017 on the file of Judge, Family Court-cum-III Additional District and Sessions Judge, Warangal, under Section 13-B of the Hindu Marriage Act, for divorce and the Court below after perusing the material on record, vide order, dated 18.09.2018, granted decree of divorce by mutual consent and petitioner/accused No.1 paid an amount of Rs.45,00,000/- to respondent No.2 towards her maintenance claim and all other claims.