Telangana High Court
CRLP/11862/2022 of Kamal Kanth Jha and another Vs The State of Telangana and another on 30 December 2022
DAY OF DECEMBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11862 OF 2022 Between: 1. Kamal Kanth Jha, s/o Laxmi Kanth Jha, Aged 57 Years, Occ. Watch Man, R:/o H.no. 14-20$25/8. Near Blue Birds schools, Rajiv Gandhi Nagar, Borabanda,
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYOERABAD
FRIDAY ,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENry TWO
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 11862 OF 2022
Between:
1. Kamal Kanth Jha, s/o Laxmi Kanth Jha, Aged 57 Years, Occ. Watch Man, R:/oH.no. 14-20$25/8. Near Blue Birds schools, Rajiv Gandhi Nagar, Borabanda,Hyderabad.H.no. 14-20$25/8. Near Blue Birds schools, Rajiv Gandhi Nagar, Borabanda,Hyderabad.
2. Smt. Bina Devi, w/o Kamal Kant Jha, Aged 54 Years, occ. Housewife, Rl/oH.no. 1420625/8. Near Blue Birds schools, Rajiv Gandhi Nagar, Borabanda,Hyderabad.H.no. 1420625/8. Near Blue Birds schools, Rajiv Gandhi Nagar, Borabanda,Hyderabad.
...PETITIONER/ACCUSED NO.2 and 3
AND
1. The State of Telangana, Through SHO, WPS,DD, Hyderabad, Rep. by itsPublic Prosecutor,High Court at Hyderabad, Hyderabad.Public Prosecutor,High Court at Hyderabad, Hyderabad.
...RESPONDENT
2. Smt. Lavanya Balagani, wio Adarsh Kumar Jha, Aged 29 Years, Occ.Software Engineer, R/o H. No.2-3-603 I 5Ol N 5Ol'1, NewPatel Nagar, Amberpet,Hyderabad-13.Software Engineer, R/o H. No.2-3-603 I 5Ol N 5Ol'1, NewPatel Nagar, Amberpet,Hyderabad-13.
...RESPONDENT/ DEFACTO-COMPLAINANT
Petition under Section 482 of Cr.P.C [praying ]that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to Quash the Criminal Proceedings against the Petitioners/AccusedNo.2 And 3 in Cr.No.B06l2022Uls 498-4,406, 506 IPC Pending on the file ofWPS, OD, Hyderabad
l.A. NO: 2OF 2022
Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to Stay all further [proceedings ]including Arrest of the Petitioners/Accused No.2 and 3 in Cr.No.80612022Uls 498-4,406, 506 IPC Pending on thefile of WPS, DD, Hyderabad till the disposal of the Main Quash Petition in theinterest of the [justice]
This Petition ,;oming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the argumentr; of Sri K. KRISHNAVENI ,Advocate for t re Petitioner and the Additional Public F rosecutor on behalfof the Respondent N:.1 and None Appeared for the Respondent Nc.2
The Court made the lollowing: ORDER
l
THE HONOURABLE SRI JUSTICE K.SURENDERCRIMINAL PETITIONo.11862 OF 2022
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ORDER:
This Criminal Petition is filed under Section 482 of the Codeof Criminal Procedure, L973 (for short 'Cr.P.C.) by the petitioners-Accused Nos.2 and 3 to quash the proceedings against them in FIRNo.806 of 2O22 pending on the file of Station House Officer,Women Police Station, DD, Hyderabad, registered for the offencespunishable under Sections 498-4, 406, 506 of I.P.C.
2. Heard learned counsel for the petitioners - Accused Nos.2, 3-and learned Additional Public Prosecutor for the respondent No.1 State. Perused the material on record.
3. A perusal of the record would reveal that the disputes areoutcome of marital discord in between 2'd respondent-de factocomplainant and accused No.l. The [petitioners ]herein are theparents of accused No.1.
4. In the said circumstances, this Court deems this appropriateto direct the Investigating Officer in FIR No.806 of 2022 [pending ]on tI
the file of litation House Officer, Women Policr: Station, DD,Hyderabad, o conclude the investigation without krking anycoercive steps against the petitioners - Accused Nos.2 and 3.Fufther, the petitioners - Accused Nos.2 and 3 shall r:o-operatewith the Inve;tigating Officer as and when reqr-rired [or the purposeof investigati< n.
5. Accordi rgly, the Criminal Petition is disposed cf.
Miscellt neous applications pending, if any, shalr stand closed.
Sd/.B.SAWAVATHI)EPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Xlll Addi:ional Chief Metropolitan [Magistrate at Narnpally, ][Hyderabad.]2. The Station t louse Officer, Women [Police Station, DD, ][Hyderabad.]3. Two CCs to I re Public Prosecutor, [High ][Court for the S:ate ][of ][Telangana ][at]Hyderabad.(t )UT)4. One CC to S Rl. K KRISHNAVENI, [Advocate ]IOPUC]5. Two CD Cop es.
KAMplpBh
HIGH COURTDATED:3011212022
.,:,.,/ [.:l]ORDER2 i ,rru 56CRLP.No.1,,1862 of 2022
DISPOSTNG OF IHE CRIMINAL [PETITION]
I cf-
B*tuur.
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