PANTALA RAMESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.2082 of 2018 on the file of the III Metropolitan Magistrate at L.B.Nagar, Ranga Reddy District, which was registered for the offences punishable under Sections 420, 494 and 498-A of I.P.C.

(2.) A perusal of the charge sheet would disclose that the 2nd respondent/complainant is the legally wedded wife of the 1st petitioner/A-1. The 2nd petitioner/A2 is the second wife, 3rd petitioner/A3 is the mother and petitioners 4 and 5/A4 and A5 are sisters of the 1st petitioner/A1. The marriage between the 2nd respondent/complainant and the 1st petitioner/A-1 was solemnized on 29.05.1997 at Andhra Yuvathi Mandali, Barkatpura, Hyderabad. At the time of marriage, as per the demand of the 1st petitioner/A1 and his parents, net cash of Rs.75,000/- and eight tulas of gold were given to them. After the marriage, the 2nd respondent/complainant joined the company of the 1st petitioner/A1 at her marital home, where the petitioners/A3 to A5 used to find fault in every aspect of her work at home and harassed her both mentally and physically. The 1st petitioner/A1 used to harass the 2nd respondent/complainant for additional dowry of Rs.1.00 lakh. They all used to abuse and caught hold of her tuft and beat her. The 1st petitioner/A1 is having all bad vices and he used to come home in an inebriated state and beat her indiscriminately. The 2nd respondent/ complainant worked in a private company for about 15 years and that the 1st petitioner/A1 used to take away her salary for his bad vices. Petitioners/A3 to A5 used to wake up the 2nd respondent/complainant in the early morning and treated her as maid-servant and made her to do all household works. The petitioners/A1 and A3 to A5 harassed the 2nd respondent/ complainant both physically and mentally and made her to bring money from her father and spent the said amount lavishly. The doctors declared that the 2nd respondent/complainant cannot conceive and since then, the petitioners/A1 and A3 to A5 used to call the 2nd respondent/complainant as "Godralu" and harassed her both mentally and physically and they also threatened that if the 2nd respondent/complainant fails to bring additional dowry and gold from her parents, they would perform second marriage to her husband/A1. Due to fear, the parents of the 2nd respondent/complainant fulfilled their demands. While attending office duties, the 2nd respondent/ complainant also attending all the household works. The 1st petitioner/A1 used to take rented houses in Hyderabad and used to abscond from there without paying rent by leaving all the household articles and again he made the father of the 2nd respondent/ complainant to buy all the items. About 15 years back, when the 1st petitioner/A1 was in debts, the parents of the 2nd respondent cleared off all the debts amounting to Rs.7.00 lakhs. When the 1st petitioner/A1 was arrested in a cheating case, the parents of the 2nd respondent/complainant got him released. In spite of all these things, the 1st petitioner/A1 did not mend his demeanor. Unable to bear the harassment, the 2nd respondent/complainant went to her parental home in the year 2004. At that time, the 2nd respondent/complainant came to know that the 1st petitioner/A1 married the 2nd petitioner/A2, they have been residing at Boduppal for the last eight years and that they blessed with two children. Despite knowing the fact that the 1st petitioner/A1 married the 2nd petitioner/A2, the petitioners/A3 to A5 did not disclose the same and they are instrumental in performing the said marriage. About one year back, the 1st petitioner/A1 sold out her 15 tulas of gold and also took some cash from her father and friends, started a hotel "Ghumaghumalu" at Peerzadiguda and earning Rs.25,000/- per day, however, he is not clearing the debts. The said hotel is being run by the 1st petitioner/A1 and 5th petitioner/A5. The 1st petitioner/A1 has been harassing the 2nd respondent/complainant and took Rs.22,50,000/- from her parents. Despite knowing the fact that the marriage of the 1st petitioner/A-1 with the 2nd respondent/complainant is still subsisting, the 2nd petitioner/A2 married the 1st petitioner/A1 and that the petitioners/A3 to A5 are instrumental in performing the said marriage.

(3.) Heard learned Counsel for the petitioners, learned Additional Public Prosecutor appearing for the 1st respondent-State and learned Counsel appearing for the 2nd respondent/complainant.