Sheelam Padma vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO:4156 OF 2022 Between: 1.

Sheelam Padma, W/o.

Chandraiah, aged 58 years Occ- House wife., H.No.3- 62, Modugulagudem Village, Kuravi Mandal, Mahabubabad District. (Accused No.

2 in CC727 OF2O22) 2.

Sheelam Chandraiah, S/o.

Pentaiah, aged 65 years, Occ.

RI/P H No 3-62 Modugulagudem Village, Kuravi tr,4andal, Mahabubabad District, (Accused No.

3 in CC7270F2022) 3.

Sheelam Sugunakar, S/o.

Chandraiah, aged 40 years Occ- Govt.

Teacher, R/o.H.No.3-62, lt4odugulagudem Village, Kuravi lt/andal, lr,4ahabubabad District. (Accused No.

4 in CC7 27 0F 2022\ 4.

Sukari Pavani, W/o.

Jayanth, aged 34 years Occ- House wife R/o.H.No.1-4- 55, Old Bazar, lrilahabubabad Mandal and District. (Accused No.5 in cc727OF2022\. ...PETITIONERS(ACCUSED No.2,3,4 and 5 in C.C.No.727 of 20221 AND 1.

The State of Telangana, Station House Officer, Women's Police Station, Warangal Town and District. represented by its Public Prosecutor High Court Building complex' Hyderabad ...RES'.NDENT 2.

Sheelam Alias Konda Mounika, W/o.

Tulasikanth, Aged- 28 years, Occ- Junior Assistant Tahasildar Office, Kazipet, Ri/o.H.No.

2-11-49111, Saraswath inagar, Gopalpur road, Hanamkonda.

Warangal District. ...RESPONDENT/COMPLAINANT in CC 727 OF 2022 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 call for the records and quash the Criminal case in C.C.No.

727 of 2022 on the file of the V-Additional Judicial First Class Magistrate at Warangal against these petitioners who are the Accused No.2,3,4 and 5 in the said criminal case. l.A.

NO: 1OF 2022 Petition under Section 482 of Cr.P.

2 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 grant stay of all further proceedings including personal Appearance of the petitioners No.

1 to 4 /accused No.2,3,4 and 5 in the C.C.No.

727 ol 2O22 on the file of the V- Additional Judicial First CIass lvlagistrate at Warangal pending disposal of this criminal petition.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Banda Prasada Rao, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 .

The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.

LAKSHMAN CRIMINAL PETITION No.4156 of 2022 pending on the file of the V Addl.

Judicial Magistrate of First C1ass, Warangal.

The petitioners herein are accused Nos.2 to 5 in the said C.C.

The offences alleged against them are under Section 498-A of IPC anrl 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 oi at the admission stage.

3.

As per the complaint dated 2l-72-2027, the marriage of A- 1 with 2"d respondent was performed on ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.727 of 2022 2 24-O5-2O74.

Thereafter matrimonial disputes arose Calendar Case would reveal that pima facie there are they are triable issues.

This Court cannot consider the same in an application filed under Section 482 of Cr.P.C.

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.727 of 2022 against the petitioners herein.

However, in matrimonial disputes the identification of parties is not in dispute.

Petitioner Nos. ioner Nos.1 and 2 are aged parents, aged about 58 years and 65 years respectively, petitioner No.3 is brother and petitioner No.4 is married sister of A- 1.

4.

However, considering the fact that the disputes between A-1 and 2"d respondent are matrimonial disputes, this Criminal Petition is disposed of dispensing with the presenee of the petitioners herein / A-2 to A-5 between them.

Perusal of the charge sheet in the said certain allegations against the petitioners herein and only in C.C.No.727 of 2022 pending on the fi1e of the V Addl.

Judiciai Magistrate of First Class, Warangal.

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.

Sd/-T.

SRINIVAS ASSISTANT REGISTRAR To, ,TRUE COPY' SECTION OFFICER 1.

The V Additional Judicial First Class Magistrate at Warangal 2.

The Station House Officer, Womens Police Station, Warangal Town and District.

One CC to Sri Banda Prasada Rao ,Advocate (OPUC) 4.

Two CCs to Public Prosecutor, High Court for the State of Telangana Hyderabad (OUT) 5.

Two CD Copies ks 3 // I A{j}- HIGH COURT DATED:2810412022 ORDER CRLP.No.4156 of 2022 Disposing of the CRL.P 0 6 JUt,| 2022 * 14: S e H 1 A c) * D oo "v"