High Court dismissed a petition under Section 482 Cr.P.C. seeking to quash proceedings for dowry harassment and suicide (Section 306 IPC), holding that continuing prosecution was not an abuse of process.
Impugned proceedings were not quashed as continuation was not abuse of process.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE SECOND DAY OF NOVEN/BER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION NO: 515 OF 2019
Between:
Venna Venaktesh, S/o.V.Durga Rao, Aged 35years, Occ-Private Emplo yee, R/o. D.No. 12-7-1341282, 2n Floor Anjayaneya Nagar Colony, Moosapet, Ba langar, Ranga Reddy District-'1 8
...PETITIONER/ACCUSED-1
AND
The State of Telangana, Rep., by S.H.O., Kukatpally P.S., Cyberabad, through the Public Prosecutor, High Court of Telangana at Hyderabad ....RESPONDENT/COMPLAINANT
,..RESPONDENT/DEACTO.COMPLAINANT
Petition under Section 482 of Cr.P.Cpraying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may bepleased to call for the records relating to Petitioner or Accused-1 in S.C.No,626 of2018on the file of the Court of the Hon;ble Principal Senior Civil Judgeat L.B.Nagar, in Crime No. 875 of 2017 of Kukatpally P.S., Cyberabad,Ranga Reddy District for the offence Under Sections 498-4 and 306 of IPC andquash the same as itis abuse of process of law.
l.A. NO: I OF 2019
Petition under Section 482 of Cr.P.Cpraying thatin the circumstancesstated in the Memorandum of Grounds of CriminalPetition, the HighCourt may be pleased to stay of all furtherproceedings includingdispensewith presenceof the Petitioner or Accused-1 in S.C.No.626 of 2018 on the file of the Court ofthe Hon'blePrincipal Senior Civil Judge at L.B.Nagar, whichis againstto the Petitionersor Accused-1, pertaining to the Petitioner, pending disposal of the main Criminal Petition.
COMMON C.T. lN l.A.Nos.1 & 2 ot 2021
Between:
Smt. Peddi Uma [\rlaheswari, W/o. Hari Babu, Aged 39Years, Occ-Housewife, Fi/o. H.No.4-3-22, Thurpu Sathram Backside, 13th Ward, Bapatla, Guntur District, Andhra Pradesh
..PETITIONERYDEFACTO COMPLAINANT/RESPONDENT
AND
...RESPONDENT/PETITIONER/ACCUSED.l
l.A. NO: 1OF 2021
Petition under Section 320(2) R/W482 ofCr.P.C praying that in the circumstances stated in the Memorandumof Groundsof Criminal Petition,the High Court may bepleased to compound the offencesand quash the proceedings in S.C. No.626 of 20'18 on the file of the Court of theHon'ble Principal Senior Civil Judge At. L.B.Nagar in Crime No.875 of 2017 ofKukatpallyP.S.,Cyberabad,for the offences Under sections 498-4 and 306 ofIPC in pursuanceof interferenceof well wishers and family members.
t.A. NO: 021
Petition under Section 320(6) r/W 482 of Cr.P.Cpraying that inthe circumstances stated in the Memorandum of Groundsof Criminal Petition,the High Court may bepleased topermit thepetitioner/Defacto complainant into compromise the S.C.No.626 of 2018 on the file of the Court ofthe Hon'blePrincipal Senior Civil Judge At. L.B.Nagar in Crime No.B75 of 2017 of KukatpallyP.S., Cyberabad, for the offences Under sections 498- A and 306 of lPC.
This Petition coming on for hearing, uponperusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Ramana Allu, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of Sri Perla Naresh Babu, Advocate for the Respondent No.2
The Court made the foll,:,wing: ORDER
i
( {
THE HON'BLE DT. JUSTICE SHAMEEMAKTHER
CRIMINA L PETITION No.sT oF 2019
ORDER:
This Criminal Petition, under Section 482 of the Codeof Criminal Procedure, t973, is filed by thepetitioner/A1to quash the proceedings against him in S.C.No,626 of 2018 on the file of Principal Senior Civil Judge, Ranga Reddy District atL.B. Nagar, wherein cognizance was taken for theoffences punishableunder Sections 498A and 306 of LP.C.
4, As seen from the materialplaced on record, thepetitioner/A1 is the husband of the deceased-VennaAnuradha @Anu. The allegation against thepetitioner/Alis that he along with the other accused harassed the deceasedphysicallyand mentally and unable to bear the harassment, thedeceased committedsuicide. In view of the nature of the allegations,it cannot be said that continuation ofproceedings againstthe petitioner/A1in the subject S.C. is abuse ofprocess of law, It ispertinentto state that the inherent jurisdiction of the High Court under Section 482 Cr.P.C',canbe exercised toquash theproceedings in a proper case, eitherto prevent the abuse ofprocess of any Court orotherwiseto secure the ends ofjustice, In theinstantcase, none of the circumstances mentioned above do existfor quashing the proceedings against the
Dr'SA'J Crl.P.No.5l5of 2019
2
I
petitioner/A1in the subject S'C' by exercisinginherent jurisdiction of thisCourt under Section 482 Cr'P'C' The petitionis devoid of
meritand is liable to be dismissed'
in thisCriminal MiscellaneousPetitions'ifany' pending
Petitionshall standclosed'
SD/-V.KAVITHA ASSISfnttfRECtSrRnn
//TRUECOPY/I _ ,t:
SECTIONOFFICER
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HIGH COURT
DATED: 0211112021
ORDER
CRLP.No.S15 of 20'19
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DISMISSING THE CRIMINAL PETITION
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2 issues framed by the court
Whether the quashing of proceedings under Section 482 Cr.P.C. is appropriate in a case involving Section 306 IPC.
If the allegations show harassment leading to suicide, is continuing prosecution an abuse of process of law.
2 provisions across 2 enactments
Venna Venaktesh
The State of Telangana
Smt. Peddi Uma lvlaheswari
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
