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2023 DIGILAW 751 (TS)

Pasupuleti Gokul Kumar v. State of Telangana

2023-11-24

K.SURENDER

body2023
ORDER : 1. The petitioners/accused Nos. 1 to 5 are aggrieved by the dismissal Order, dated 13.03.2023 made in Crl. M.P. No. 4 of 2023 in C.C. No. 1037 of 2021 on the file of the Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class, Mahabubabad, refusing to discharge the petitioners. 2. The respondent No. 2/de facto complainant filed a criminal complaint on 27.07.2019 alleging that she married accused No. 1 on 06.10.2017 and thereafter differences arose between them. On account of the alleged physical and mental harassment, the said complaint was filed. On the basis of the complaint, the charge sheet was filed by the Police on 11.12.2021. 3. Learned counsel for the petitioners submitted that immediately after filing the complaint in July, 2015 both the spouses accused No. 1 and respondent No. 2 approached the Civil Court and filed petition for mutual consent divorce in the month of September, 2019. It was stated by the de facto complainant in the petition that due to misunderstandings, the complaint was filed against these petitioners and she intends to withdraw the said complaint by co-operating with the Police. 4. In pursuance of the settlement Rs. 20,00,000/- was paid to the de facto complainant. In the Civil Court, the affidavit was filed by the de facto complainant stating that due to misunderstanding, she has filed the complaint. Thereafter, learned Senior Civil Judge at Mahabubabad, before whom the mutual consent petition for divorce was pending, passed order on 04.08.2020 dissolving the marriage. It is mentioned in the Order that the de facto complainant had received Rs. 20,00,000/- and she was not intending to prosecute the Criminal Case. 5. On behalf of the respondents, the said orders and documents are not disputed. 6. When the issues are already been settled and on the basis of such settlement, the divorce was granted wherein it was specifically undertaken by the respondent No. 2 that she does not intend to prosecute the case and the question of proceeding with the present criminal case does not arise. 7. 6. When the issues are already been settled and on the basis of such settlement, the divorce was granted wherein it was specifically undertaken by the respondent No. 2 that she does not intend to prosecute the case and the question of proceeding with the present criminal case does not arise. 7. In the chief affidavit of PW-2 it was stated that: “due to misunderstandings I filed complaint before the Police Mahabubabad against the petitioner No. 1 and his family members and the Police Mahabubabad Town registered a case in Crime No. 185 of 2019 under Section 498-A of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act against the petitioner No. 1 and his family members, as per the statement I agreed to withdraw the said complaint to co-operate with the concerned police to close the said criminal case. All these facts have constituted a cause for file this petition.” 8. Learned counsel submits that de facto complainant remarried and failed to approach the police to withdraw the complaint. Accordingly, the police in December, 2021 filed charge sheet. Taking into consideration, the undisputed documents which are the orders passed in H.M.O.P. and the receipt of the amount of Rs. 20,00,000/- by the de facto complainant and further remarried, this Court is of the view that continuing criminal proceedings against these petitioners is nothing but abuse of process of the Court. 9. Accordingly, this Criminal Petition is allowed and the proceedings against these petitioners in C.C. No. 1037 of 2021 on the file of the Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class at Mahabubabad, are hereby quashed. Consequently Order in Crl. M.P. No. 4 of 2023. 10. Miscellaneous Applications pending, if any, shall stand closed.