Telangana High Court
CRLP/11900/2022 of Damera Gopal Vs The State of Telangana on 30 December 2022
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11900 OF 2022 Between: 1. Damera Gopal, S/o.Damera Komurelly, Aged 33 years, Occ.Pvt. Employee,
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11900 OF 2022
Between:
1. Damera Gopal, S/o.Damera Komurelly, Aged 33 years, Occ.Pvt. Employee,R/o.H.No.28-4-107, Pegadapalle Village, Hasanparthy Mandal, HanumkondaDistrict.R/o.H.No.28-4-107, Pegadapalle Village, Hasanparthy Mandal, HanumkondaDistrict.
2. Damera Amrutha, W/o.Damera Komurelly, Aged 55 years, Occ.Housewife,R/o.H.No.28-4-107, Pegadapalle Village, Hasanparthy Mandal, HanumkondaDistrict.R/o.H.No.28-4-107, Pegadapalle Village, Hasanparthy Mandal, HanumkondaDistrict.
3. Damera Shoba, Wo.Chinna Damera Cheralu, Aged 38 years, Occ.ParaIt4edical Staff, R/o. H.No.28-4-63, Pegadapalle Village, Hasanparthy l\,4andal,Hanumkonda District.It4edical Staff, R/o. H.No.28-4-63, Pegadapalle Village, Hasanparthy l\,4andal,Hanumkonda District.
4. Chinna Damera Cheralu @ D.Charles, S/o.Chinna Damera Uppalaiah, Aged42 yearc, Occ.Painter, R/o.H.No.28-4-63, Pegadapalle Village, HasanparthyN,4andal, Hanumkonda District.42 yearc, Occ.Painter, R/o.H.No.28-4-63, Pegadapalle Village, HasanparthyN,4andal, Hanumkonda District.
5. Damera Komurelly, S/o.Damera Ailaiah, Aged 57 years, Occ.Govt. Employee,R/o.H.No.28-4-107, Pegadapalle Village, Hasanparthy Mandai, HanumkondaDistrict.R/o.H.No.28-4-107, Pegadapalle Village, Hasanparthy Mandai, HanumkondaDistrict.
6. Pembarthi Shirisha, Wo.Anil, Aged 28 years, Occ.Housewife, R/o.S.CColony, Kothagattu Singaram Village, Shayampet Mandal, Warangal District.Colony, Kothagattu Singaram Village, Shayampet Mandal, Warangal District.7. Pembarthi Anil, S/o.Saraiah, Aged 38 years, Occ.Govt. Employee, R/o.S.CColony, Kothagattu S.ngaram Village, Shayampet Mandal, Warangal District.Colony, Kothagattu S.ngaram Village, Shayampet Mandal, Warangal District.
...PETITIONERS/ACCUSED No. 1 to 7
AND
1The State of Telangana, Through S.H.O, Women P.S Begumpet, Hyderabad,Rep. by its Public Prosecutor, High court at Hyderabad, Hyderabad....RESPONDENTRep. by its Public Prosecutor, High court at Hyderabad, Hyderabad....RESPONDENT
2. Damera Vidya Sri, Wo.Damera Gopal, D/o.Srinivas, Aged 28 [years, ]Occ.Pvt.Employee, R/o.H. No.11-1-5'14162, Ground Floor, Dhoodh Bavi, Chilkalguda,Secunderabad.Employee, R/o.H. No.11-1-5'14162, Ground Floor, Dhoodh Bavi, Chilkalguda,Secunderabad.
.,.RESPONDENT/DEFACTO COMPLAI NANT
Petition undr:r Section 482 of [Cr.P.C ][praying ]that [in ]the [circumstances]stated in the Memo'andum of Grounds of Criminal Petition, the High Court may bepleased to quash tlre Criminal Proceedtngs against the Petitioners/Accused No.1to 7 in Cr.No.17312022 pending on the file of Women P.S Begumpet, Hyderabad.
l.A. NO: 2OF 2022
Petition undcr Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court may bepleased to grant stay of all further proceedings including Arrest of thePetitioners/Accused No.1 to 7 in Cr.No.'1 7312022 pending on the file of WomenP.S Begumpet, Hyderabad.
This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminill Petition and upon hearing the arguments of Sri C. HARIPREETH, Advocate for the Petitioner and the Public Prosecutor on behalf of theRespondent No. 1 and None appeared for the Respondent No.2.
The Court made the following:
THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL PETITION No.11900 OF 2022
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ORDER:
This Criminal Petition is filed under Section 482 of the Codeof Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-Accused Nos.1 to 7 to quash the proceedings against them in FIRNo.173 of 2022 pending on the file of Station House Officer,Women Police Station, Begumpet, Hyderabad, registered for theoffence punishable under Sections 498-4 and 509 read with 34 ofIndian Penal Code (for short "IPC') and Sections 4 and 6 of DowryProhibltion Act.
2. Heard learned counsel for the petitioners - Accused Nos.1 to7 and learned Additional Public Prosecutor for the respondent -State. Perused the material on record.
3. The case of the 2nd respondent - de facto complainant is thather marriage was performed with Accused No.1 on 20.08.2022 andthereafter marital disputes arose between them.
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4. Keeping in view that the complaint is the outcome of maritaldiscord in between Accused No.1 and 2nd respondent- complainant,this Court deems it appropriate to direct the Investigating Officer inrespect of FIR No.173 of 2022 pending on the file of Station HouseOfficer, Women Police Station, Begumpet, Hyderabad, to concludethe investigation without taking any coercive steps against thepetitioners - Accused Nos.1 to 7. Further, the petitioners-Accusedshall co-operate with the Investigatlng OFficer as and whenrequired for the purpose of investigation.
5. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
Sd/- T.SRINIVAS""ll,I:$r:SECTION OFFICER
,TRUE COPY'
To,
1. The XV Addl. Chief Metropolitan Magistrate at Hyderabad.
2. The Station House Officer, Begumpet Women Police Station, Hyderabad.
3. Two CCs to the Public Prosecutor, High Court for the State of Tetangana; atHyderabad (OUT).Hyderabad (OUT).
4. One CC to Sri C. HARI PREETH, Advocate IOPUC]
5. Two CD Copies
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HIGH COURTD ATED:3011212022
ORDERCRLP.No.1 1900 of [2022]
DISPOSINC THE C ],IMINAL PETITION
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