Allowed

Prasanna v. The State of Telangana And 2 Others

Telangana HC25 Jan 2023CRLP/5239/2022

Case brief

AI extract

What is this about?

The High Court in Criminal Petition No. 5239 of 2022 quashed the charge sheet against the petitioner, Smt. Prasanna, a US resident. The court relied on Supreme Court precedents regarding omnibus allegations and quashed proceedings filed under the Dowry Prohibition Act and IPC alleging harassment.

What did the court decide?

Proceedings against the petitioner were quashed in C.C. No. 2592 of 2019 in FIR No. 261 of 2018.

Prasanna Vs The State of Telangana And 2 Others — Domestic Violence | Telangana HC (2023)

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[32s1 |

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD

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WEDNESDAY,THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITIO N NO: 5239 OF 2022

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Between:

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Smt. Prasanna, W/o. N. Tulasi Kumar, aged about 33 years, Occ. Housewife, R/o. Presently residing at 2-20-814172, Adarsh Nagar, Uppal, R.R. District. Permanent residence a|1213, Ponca, ST, Carrollton, TEXAS - 7510.

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...PETITIONER/ACCUSED No.6

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AND

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'1 . The State of Telangana, represented by Public Prosecutor, High Court for the state of Telangana at Hyderabad

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2- The Station House Officer WPS, Begumpet, Police Station, Hyderabad

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...RESPONDENT Nos.1 & 2

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Smt. M. Divya Vani alias Veda Divya Vani, Wo. [Vl. Bala venkata lakshmikantham , aged about 28 Years , Occ. Private Employee , No. 12-11-

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375/1 , Boudhnagar, Warasiguda, Secundrabad

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...DEFACTO COMPLAINANT/RESPONDENT No.3

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the Charge Sheet No. 09 of 2019 dated 31/0112O19 in C.C. No. 2592 of 2019in FIR No 261 of 2018 dated 0111112018 on the file of XV Addt. Chief Metropolitan lr4agistrate at Hyderabad filed under Section 498 (A), 506 IPC and Sec 4 and 6 DP Act, against the petitioner and pass such other order or orders and deem fit.

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l.A. NO: 1OF 2022

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be

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pleased to stay o' a, fu(her proceedings incruding drspens e with of appearance of the Petitioner her:in in charge Sheet No. 09 of 201g datec 31ro1r2o1g in c.c. No. 2592 0f 20'rg ind subsequent proceedings on rhe fr3 0f XV Addr. chief Metropolitan Ma€ istrate at Hyderabad fired under Section 498 (A), s06 rpc and sec 4 and 6 DP r ct, pending disposar of the above crimrna petilron and pass such other order or ord:rs and deem fit and proper in the circum:;tances of the case_

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This Petitic n coming on for hearing, upon prlrusin I the l/emorandum of Grounds of crimir ar petition and upon hearing the argum€nls o1 sri A. p. Reddy, Advocate for the ['etitioner and the Additionar pubric prose:utor (TG) on beharf of the Respondent N)s.1 & 2

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The Court made t te following: ORDER

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a i

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION No.S239 0F 2022

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ORDER:

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This Criminal Petition is filed under Section 482 of t]ne Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/A6 to quash the charge sheet in C.C.No.2592 of 2Ol9 io FIR No.261 of 2018 on the h1e of XV Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against her are under Sections 498-A, 506 of the Indian Penal Code and Sections 4 and 6 of the Dowry Prohibition Act.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent State Perused the record.

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The 3.d respondent who is the wife of Accused No. 1 filed n a complaint stating that she was married to Accused No.l on 11.04.2018. At the time of marriage dowry was also given. After she joined her husband, A1 to A6 started harassing her physically and mentally for additional dowry of Rs.5 lakhs ald . also assauited her for the reason of her belonging to different caste. Accused No. 1 forced the 3.d respondent to get aborted " saying that the 3.d respondent was alreadv a burden on him

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and he cz nr^Io t take extra^{burden of a chitd- I)ue to the} harassmen: of the accused^{persons, she went in-o deoression} and got ab )rted on 23.O8.2018.^{On 3O.09.2O18,hr:r sister-in-} lar.r,'came to India from USA^{and whenshe was take;1to her} house, sh: alrused the 3'd^{respondent in fil'.hy language} stating thu t the 3'r respondent is^{from a differt nt cztsteand} beloneed t< a beggars fatnilY.

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4 . Since t h,::re was continuous harassment, a^complaint wars llled b)'^t he 3''r respondent^before the^V/omenPolice Station, Brguntpet,^{u,hich was registeredfor suchoffences and} after inv(,sl ig.rtion charge sheet^{was hled.}

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Lczrrr ed Counsel appearing for the^{petitiorter/A6would} submit thrrt tl.re petitioner is a resident of U9<sup>and in^the entirc char^qe sheet and statements recorded duri^{ng the course} of investig: tion, omnibu.s^{allegationis made that this petitioner} visited tl-re house of the 3'd respondent on 30.09.11018 and^was furiorrs an I abused the 3'a respondent in filthy language^for belor-rging o a different caste and beggars family^{For the said} reason of the omni bu-s allegation,^{proceedingsagainstthis} petitioner i rre to be qnashed.

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On the other hand learned Additional public prosecutor submits that the 3.a respondent has specifically stated that this petitioner was also complicit in harassing her, for which . reason, she has to undergo the crimina,l trial by appearing before the concerned Court. She is a resident of USA and she has not even turned up once to the Court to mark her appearance, for the said reason, the proceedings against this petitioner cannot be quashed and the petition is liable to be dismissed

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7 . As seen from the statements made and also the complaint, the petitioner was resident of USA and she was not present even when thc marriage has taken place. A soiitar5r incident is narrated in the complaint stating that on 30.09.2018 when she came back from USA, went to the house of the 3.d respondent and abused her. Apart from the said incident, there is a vague allegation of harassing the 3.a respondent along rvith Accused Nos. 1 to 5.

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B. In Ka^{hkashan Kausar} @^{Sonam and others v' State of} Biharl, the Hon'ble^{Supreme Court heid that'-rnless there} are specifi r alld^{distinct allegations againsttht: a':cused'} the proceedings^{can be quashed.Under Serlion 482 ol} Cr.P.C, tht Court^{shouldbe careful in procee'1ing against} relatives v'ho^{are roped in on the basis of '"ag:eand} omnibus a^legations'

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g. The .lon'ble Supreme Court in the casrr:^{of Preeti} Gupta v,^! itate^{of Jharkhand2 held that the ()ourtshave} to scrutin ze the^{allegationsmade with gre:tt care and}

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circumspe :tion,^{especiallyagainsthusbzrt-rcIs: relatives} who rvere living in^{differentcities and rarely h;rve visited} or stayed^{r zith the couPle.}

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In th:^{present case, exceptthe sotitary rncident of} allcgedly^rtsing abusive^{language,there arl noother} allegations against^{this petitioner who is a rt-'sider t of IJSAand} no useful I urpose^{wouldbe servedif the petitior t:r' is allowecl} to undergo the^{ordeal for criminal trial' In view ol the same'}

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I llol2)(' SCC 5( 9 rrt(rL0): SCC 61 7

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the proceedings against this petitioner are liable to be quashed.

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I l. Accordingly, the Criminal petition is allowed and the proceedings against this petitioner/A6 are quashed in C.C.No.2592 of 2Ol9 in FIR No.26t of 201g on the file of XV Additional Chief Metropolitan Magistrate at Hyderabad.

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Miscellaneous applications pending, if any, shall stand

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closed

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To,

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Sd/-MOHD.ISMAIL ASSISTANT REGISTRAR //TRUE COPY// do SECTION OFFICER

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1 The XV Additional Chief Metropolitan Magistrate at Hyderabad.

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2 One CC to Sri A. P. Reddy, Advocate tOpUCI 3 Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI