The High Court quashed criminal proceedings against the petitioners accused in dowry cases. Relying on precedent, the Court held that a promise of marriage and its breach do not constitute offences under Sections 417 and 420 IPC. The petitions were allowed.
Quashing of proceedings against the petitioners in C.C. No. 808 of 2022.
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.
1321e 1
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
CRIMINAL PETITION NOs: 6665 AND 72780F 2023
CRIM]NAL PETITION NO: 6665 0F 2023
Between:
puguloth Pavan Kalyan, S/o. Rajesh, Aged about 24 years, Castre Larnbada, R/o. Dha rmanayak ra nd a of Sa ransapu r, occ. unemp royl;i$?idftrJlflliltJ$g*3.,
AND
Petition under Section 482 of C:.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 proceedings against the petitioner/A1 in C. C. No. g0g of 2O22 on the file of Junior Civil Judge at Dharmapuri.
l.A. NO: 1OF 2023
Petition under Section 482 ot C:.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all further proceedings, including the appearance of the petitioner I A1 in C. C. No. 808 of 2022 on the file of Junior Civil Judge at Dharmapuri, pending disposal of the above Criminal Petition.
CRIMINAL PETITION l.lO: 7278 OF 2023
Between:
AND
...RESPONDENTS/COMPLAINANTS
Petition under section 482 ot cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminalpetition, the High court may be pleased to quash the proceedings against the petitioners/Accused No. 2 to 4 in C.C. No. 808 of 2O22 on the file of Junior Civil Judge at Dharmapuri.
!.A. NO: 2OF 2023
Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminalpetition, the High court may be pleased to stay all further proceedings, including the appearance of the other Accused(A2 and A3)[n c.c. No. 808 ot 2022 on the file of Junior civil Judge at Dharmapuri, pending disposal of the above Criminalpetition.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of in bbth criminal Petitions and upon hearing the arguments of sri cheedella Lakshmi Narasimha Rao, Advocate for the petitioner and the public Prosecutor on behalf of the Respondent No.1 and of sri s. Karthik, Advocate for the Respondent No.2.
The Court made the following: ORDER
HONOURABLE SMT JUSTICET. MADHAVTDEVI
CRIMINAL PETITIONNos.6665& 7278 0F 2023
COMMON ORDER:
In these Criminal Petitions,filed under Section482 of the Code of Criminal Procedure,1973 (for short 'Cr.P.C.'),the petitioners, who are anayed as accusedNos.l to 4, are seeking quash of the proceedings against them inC.C.No.808of 2022on the file of the Court of Junior Civil Judge, DharmaPuri.
I \JD. J ('rl P Nos.6665 & 727E ol'2t2i
2
wX
post of Inspector of Police and only due to the pendency of the present crirne against him, he i.s unable to go for the training
TMD. J
Crl.P.Nos.6665 &'7278 ol2023
3
covered by thejudgment rendered by a Co-ordinate Bench ofthis Court in Criminal Petition No.5706 of 2019, dated 23.8.2022, wherein the decision of a Co-ordinate Bench of High Court of Kamataka in the case of Sri Venkatesh and others Vs. Slate of Karnataka and Smt Gulzar GPr has been taken into consideraticin, and it was held that apromise of marriage and breach thereof- will not attract the provisions of Sections 417 and 420 IPC, this Court is inclined to quash the proceedings in the aforesaid C.C. against the petitioners herein.
the Court of Junior Civil Judge, Dharmapuri, are herebyquashed.
\
Petitions shall stand closed.
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,/TRUE COPYII
SD/-MOHD]SMAIL ASSISTANTREGISTRAR
SECTIONOFFICER
To,
BJLB'SP
HIGH COURT
TMD, J
DATED:0810112024
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ORDER
CRLP.Nos.6665 and 72tB of 202t
BOTH CRIMINAL PETITION IS ALLOWED
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1 issue framed by the court
Whether a promise of marriage and its subsequent breach attract the provisions of Sections 417 and 420 IPC.
Colour shows how this judgement treated each authority
Sri Venkatesh and others Vs. State of Karnataka and Smt Gulzar GPrRelied on¶46
Sri Venkatesh and others Vs. State of Karnataka and Smt Gulzar GPr
1 provisions across 1 enactments
Puguloth Pavan Kalyan
Guguloth Rajesh
Guguloth Neela
Guguloth Shirisha
The State of Telangana
Smt Bhukta Ammayi
T. Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
