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Nandamuri Satyanarayana vs State Of Telangana

Telangana High Court · Decided on 12 April 2022 · Citation: (2022) 04 TEL CK 0036

HON’BLE JUDGES
K. Lakshman, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 482 · Indian Penal Code, 1860 — Section 498A · Dowry Prohibition Act, 1961 — Section 3, 4
RESULT
Disposed Of
CASE NUMBER
Criminal Petition No. 3346 Of 2022
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Judgment

5 paragraphs · 331 words
1.

This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.91 of 2022 pending on the file of the Judicial Magistrate of First Class, Manuguru, Bhadradri-Kothagudem District. The petitioners herein are accused Nos.2 and 3 in the said C.C. The offences alleged against them are under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act.

2.

Heard learned counsel for the petitioners and learned Public Prosecutor for the State. Perused the record. With their consent this Criminal Petition is disposed of, at the admission stage.

3.

As per the charge sheet, the marriage of A-1 with 2nd respondent was performed on 22-04-2019. Thereafter matrimonial disputes arose between them. Perusal of the charge sheet in the said Calendar Case would reveal that prima facie there are certain allegations against the petitioners herein and they are triable issues. The defences taken by the petitioners herein cannot be considered in an application filed under Section 482 of Cr.P.C., and they have to take the said defences before the trial Court and it is for the trial Court to consider the same. The petitioners have to face trial and prove their innocence. In view of the same, this Court is not inclined to quash the proceedings in C.C.No.91 of 2022 pending on the file of the Judicial Magistrate of First Class, Manuguru, Bhadradri-Kothagudem District, against the petitioners herein. However, in matrimonial disputes the identification of parties is not in dispute. Petitioners herein are parents of A-1.

4.

However, considering the fact that the disputes between A-1 and 2nd respondent are matrimonial disputes, this Criminal Petition is disposed of dispensing with the presence of the petitioners herein / A-2 and A-3 only in C.C.No.91 of 2022 pending on the file of the Judicial Magistrate of First Class, Manuguru, Bhadradri-Kothagudem District. However, they shall appear before the said Court as and when their presence is required.

Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.