Singirikonda Venu And Another vs State Of Telangana And Another

This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.1688 of 2015 pending on the file of the Spl. Judicial

Magistrate of First Class (Excise) at Karimnagar. The petitioners herein are accused Nos.1 and 2 in the said C.C. The offences alleged against them

are under Section 498-A of IPC and Sections 4 and 6 of Dowry Prohibition Act.

In compliance of the order dated 14-12-2021 learned counsel for the petitioners has filed Memo along with cover returned un-served with an

endorsement ‘addressee left, hence return to sender’. Referring to Section 27 of General Clauses Act, learned counsel for the petitioners would

submit that sending notices to a party address available is sufficient and it is deemed service. Perusal of the address in the charge sheet in

C.C.No.1688 of 2015 and on the cover reveals the said fact. Therefore, there is no representation on behalf of respondent No.2.

Heard learned counsel for the petitioners and learned Public Prosecutor for the State. Perused the record.

Petitioner No.1 / A-1 is husband of 2nd respondent and petitioner No.2 is mother of A-1, aged about 65 years. The offences alleged against the

petitioners herein are under Section 498-A of IPC and Sections 4 and 6 of Dowry Prohibition Act. During the course of investigation, the Investigating

Officer in Crime No.120 of 2015 has recorded the statement of 2nd respondent as LW-1 and her parents statements as LWs.2 and 3. The

Investigating Officer has also recorded the statements of LWs.4 to 7 â€" eye witnesses. On consideration of both oral and documentary evidence he

has laid the charge sheet and the same was taken on file vide C.C.No.1688 of 2015. Prima facie, there are allegations against the 1st petitioner â€

husband / A-1 and the allegations against petitioner No.2 are general in nature and there are several triable issues. Petitioners have to face trial and

prove their innocence.

Learned counsel for the petitioners would submit that petitioner No.1 used to run a chit fund and he incurred loss in the said chit fund business.

Therefore, the 2nd respondent implicated the petitioners herein in the present complaint.

Whereas as per the contents of the charge sheet the marriage of petitioner No.1 with 2nd respondent was performed on 24-08-2005. Therefore, the

said aspects and  contentions raised by the petitioners are on factual aspects and this Court is not in a position to consider the same in an application

filed under Section 482 of Cr.P.C. The petitioners have to take the said defences before the trial Court in the said C.C.1688 of 2015. Thus, both the

petitioners failed to make out any case to quash the said proceedings against them.

However, considering the said facts and also considering the fact that the disputes between accused No.1 and 2nd respondent are matrimonial

disputes and petitioner No.2 is aged mother of A-1, aged about 65 years and in a matter like this the identification of parties / accused is not in dispute,

this Criminal Petition is disposed of dispensing with the presence of the petitioner No.2 herein / A-2 only in C.C.No.1688 of 2015 pending on the file of

the Spl. Judicial Magistrate of First Class (Excise) at Karimnagar. However, she shall appear before the court below as and when her presence is

required.

Miscellaneous petitions pending, if any, shall stand closed.