Research › Search › Judgment

Telangana High Court · body

2024 DIGILAW 536 (TS)

Kota Kranthi Kiran v. State of Telangana

2024-08-06

K.SUJANA

body2024
ORDER : 1. This Criminal Petition is filed by the petitioners/accused Nos.1 to 4 to quash the proceedings in C.C. No. 306 of 2021 on the file of learned Judicial Magistrate of First Class, Special Mobile Court at Khammam. 2. The brief facts of the case are that respondent No. 2/de facto complainant lodged a complaint on 02.08.2021 stating that her marriage was performed with one Kota Kranthi Kiran on 14.12.2016, at the time of marriage the parents of respondent No. 2 gave cash of Rs.27.00 lakhs and 45 tulas of gold ornaments to petitioner No. 1 in the presence of elders. After the marriage she went to her in-laws house to lead marital life, at place of petitioner No. 1 husband. The couple along with parents of petitioner No. 1 were living in one House. Petitioner No. 1 was working in Gumastha in a construction building. They lead a happy marital life for a period of six (6) months, they were also blessed with a female child out of wedlock. Thereafter petitioner No. 1 was addicted to alcohol and started harassing her mentally and physically by demanding additional dowry of Rs.20.00lakhs. Petitioner No. 1 also used to beat the respondent No. 2 at the instigation of his family members. Based on the said complaint, the Police registered a case in FIR No. 64 of 2021 on the file of SHO, Women Police Station (Khammam), Khammam District, for the offences punishable under Sections 498A, 506 of IPC and Sections 3 and 4 of Dowry and Prohibition of Act. 3. Heard Sri Kondapally Syam Sundar, learned counsel for the petitioners and Sri Arun Kumar Dodla, learned Additional Public Prosecutor for respondent No. 1/State and Sri G.L. Narasimha Rao, learned counsel appearing on behalf of respondent No. 2. 4. Learned counsel for the petitioners submitted that the Police without conducting any preliminary enquiry registered a case and filed the charge sheet. The petitioner No. 1 filed restitution of conjugal rights and filed O.P. No. 18 of 2021 on the file of the learned Senior Civil Judge at Sathupalli seeking to direct the respondent No. 2 to come and join the petitioner No. 1 to lead conjugal life. But, after receipt of notice in the said O.P. the respondent No. 2 filed the 498A case on 02.08.2021 with false allegations against the petitioners. But, after receipt of notice in the said O.P. the respondent No. 2 filed the 498A case on 02.08.2021 with false allegations against the petitioners. The respondent No. 2 also filed M.C. No. 70 of 2023 before the learned Judge, Family Court at Khammam seeking maintenance from the petitioner No. 1 and she is also filed F.C.O.P. No. 284 of 2022 on the same Court seeking for divorce from the petitioner No. 1. The respondent No. 2 wants divorce from the petitioner No. 1 and they are living separately. The petitioner Nos.2 and 3 are the parents of the petitioner No. 1 and they are suffering with old aged ailments. Petitioner No. 4 is the sister of the petitioner No. 1, she is married and residing separately at Vijayawada along with her husband and children. The averments of the petition do not constitute the offences punishable under Sections 498A, 506 of IPC and Sections 3 and 4 of DP Act. 5. He further submitted that petitioner No. 1 and respondent No. 2 are living separately and they came to Hyderabad for eaking livelihood, petitioner Nos.2 and 3 are residing in Khammam and petitioner No. 4 is residing in Vijayawada. He also submitted that respondent No. 2 is not interested to live with petitioner No. 1 and she filed for divorce petition. The petitioner Nos.1 to 4 never harassed the respondent No. 2, in fact the respondent No. 2, herself is not interested in leading a conjugal life with petitioner No. 1. Therefore, none of the averments and allegations in the complaint constitutes any offence against the petitioners and these petitioners are innocent. As such, he prayed the Court to quash the proceedings against the petitioners. 6. Learned counsel for the respondent No. 2 submitted that there are serious allegations against the petitioners which require trial and filing of divorce petition is not a ground to quash the proceedings and prayed the Court to dismiss the petition. 7. Having regard to the submissions made by the learned counsel for both parties and material available on record, the allegations against the petitioners are omnibus allegations and it does not amount to cruelty under Section 498A of IPC and there are no specific allegations against the petitioner Nos.2 to 4. 7. Having regard to the submissions made by the learned counsel for both parties and material available on record, the allegations against the petitioners are omnibus allegations and it does not amount to cruelty under Section 498A of IPC and there are no specific allegations against the petitioner Nos.2 to 4. As, such, the continuation of proceedings against the petitioner Nos.2 to 4 is nothing but abuse of process of law and it is liable to be quashed. As there are specific allegations against the petitioner No. 1, it is liable to be dismissed. 8. Accordingly, the Criminal Petition is allowed in part and the proceedings against the petitioner Nos.2 to 4 in C.C. No. 306 of 2021 on the file of learned Judicial Magistrate of First Class, Special Mobile Court at Khammam, are hereby quashed. However, the proceedings against the petitioner No. 1 in C.C. No. 306 of 2021 on the file of learned Judicial Magistrate of First Class, Special Mobile Court at Khammam, shall continue. 9. As a sequel, miscellaneous petitions pending, if any, shall stand closed.