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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI

CRIMINAL PETITION No: 822 of 2025

Between:

• Md. Ahmed Pasha, S/o. Late Chand Pasha, Age:39 years, occ: Private Employee R/o. H.No.5-7-30/H/1/C, Gol Masjid (Menaka Theatre) Mahaboob Nagar Town & District.
• Yahiunnisa Begum, W/o. Late Chand Pasha, Age:61 years, occ. Household, R/o. H.No.5-7-30/H/1/C, Gol Masjid (Menaka Theatre) Mahaboob Nagar Town and District.
• 3. Asra Begum, W/o. Mohd. Fazal Khan, aged about 37 years, occ. Household, R/o. H.No.1-3-81, Station Road, Rajendranagar, Mahaboobnagar District.
• Sabiha Begum, W/o. Shaik Siraj Ahmed, aged about 34 years, occ. Housewife, R/o. H.No.11-3, Nethaji Nagar, Atmakur Mandal, Mahaboobnagar District.
• Farha Naaz Begum @ Farzana Begum, W/o. Mohd. illiyas, Age: 30years, Occ. House wife, R/o.H.No.4-2-25/A, Ramaiah Bowli, Mahaboobnagar District.
• Mohd. Omer Farooq @ Umer Faroqui, S/o. Late Chand Pasha, aged 29 years, Occ. House wife, R/o. H.No.9-11-56/1, Khazigally, Golconda, Hyderabad.
• 7. Bilkhs Begum, W/o. Mohd. Abdul Rasheed, Age:60 years, Occ: Household, R/o. H.No.4-829/A, Marthandanagar, New Hafeezpet, Ranga Reddy District.
• Md. Fazal khan, S/o. Mohd. Yousuf Khan, Age:42 years, Occ: Business, R/o. H.No.1-3-75/5/C/4, Rajendranagar, Mahaboobnagar.

...Petitioners/Respondents

• 1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad. ....Respondent/Respondent
• 2. Irfana Begum, W/o. Amed Pasha, Age:29 years, Occ: Housewife R/o. H.No. 11-37, Ram Nagar Colony, Nagarkurnool Town and District.
• Akheel, S/o. Ahmed Pasha, Age:3 years (Minor) Under Gaurdianship of his mother who is Respondent No. 2 herein.

...Respondents/Petitioners

AND

Petition under Section 528 of BNSS 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 relating to and pertaining to DVC No. 16 of 2024 on the file of the Hon'ble Principal Junior Civil Judge cum JMFC at Nagarkurnool and quash the same as illegal arbitrary and unjust by allowing Criminal Petition.

I.A. NO: 2 OF 2025

Petition under Section 528 of BNSS 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 proceeding including personal appearance of the petitioners in DVC No. 16 of 2024 on the file of the Honble Principal Junior Civil Judge cum JMFG at Nagarkurnool pending disposal of Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Khaja Moinuddin, Advocate for the Petitioners and the Ms. S. Madhavi, Assistant Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent Nos.2 & 3.

The Court made the following: ORDER

THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITIoN No.822 of 2025

ORDER:

o

This Crimina-l Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS) by the petitioners/ respondent Nos.l to B to quash the proceedings against thern in D.V.C.i'{o. i6 of 2024 pending on the file of the Principal Junior Civil juri.ge-cun-Judicial Magistrate ol' First Class at Nagarkr-irnoor.

2. Heard Itlr. I(haja ldoinudCin, iearned counsel for petitioncrs, and Ms. S. Niadhavi, iearned Assistant trubiic Prosecutor for the respon<1ent - State. Perused the material on record.

3. Learned counsel for petitioners submits that pctitioners have been implicated in a false case and complaint is lodged under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (tbr short, 'the DVC Act, 2005') to harass them. Petitioner No.2 is the mother-in-law and petitioner Nos.3 to 6 are sister(s)-in-law and brother(s)-in-law and petitioner Nos.7 and 8 are relatives of petitioner No. 1. It is

submitted that the allegations made with regard to additional dowry and all other allegations are false.

4. In the light of the judgment in Gaddameedi Nagamani .a. State of Telanganal, a petition to quash the proceedings in Domestic Violence Case is not maintainable, as Section 29 of the DVC Act, 2OO5 provides an efficacious remedy by way of an appea-l against the act of the Court below in taking cog:nizance and numbering the D.V.C. The petitioners are at liberty to avail the said remedy.

5. Perused the record, considered the submissions.

6. Allegations are that petitioner No. 1 was instigated by petitioner Nos.2 to 8 for additional dowry and physicaly and mentally harassed respondent No.2 (respondent No.3 is minor child) stating that she is not glamorous. That petitioner Nos.3 to 5 instigated petitioner No.1 to harass respondent No.2 on the ground that parents of respondent No.2 performed black magic on him and respondent No.2 was beaten by petitioner Nos. 1 and 2. It is also alleged that if additional dowry amount is not paid, they would perform second marriage.

'2ots (u ) alo (cRL ) lr+

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That on 27.03.2024, petitioners severely bet her and necked her out. That counselling was held in the month of March, 2024. These are the allegations which are levelled in the D.V.C. petition.

7. Having considered the submissions and the entire factual matrix of the case, this Court is of the view that appearance of petitioner Nos.2 to 8 herein (who are respondent Nos.2 to 8 in D.V.C.No.16 of 2014 pending on the file of the Principal Junior Civil Judge-cum-JMFC at Nagarkurnool), can be dispensed with and is hereby dispensed.

8. Learned counsel for petitioners has submitted that petitioner Nos.2 to 8 shall present themselves when summoned by the Court, if their presence is required by the Court.

9. It is made clear that petitioner Nos.2 to 8 shall present themselves when summoned by the Court, if their presence is required by the Court. Petitioner Nos.2 to 8 shall file affidavit(s) that they will not dispute their identity and that the proceedings can go on in their absence, to be conducted

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JAK, J CRLP_822_2025

by their counsel(s). Learned counsel(s) for petitioner Nos.2 to 8 shall represent before the trial Court without fail on all dates. Petitioner Nos.2 to 8 shall not dispute the proceedings conducted in their absence. This order shall stand vacated automatically, if petitioners fail to attend the proceedings as and when summoned and also when the counsel(s) representing petitioner Nos.2 to 8 fail to attend Court proceedings on the dates. Any observations made in this order shall not influence the Court below while considering or concluding the case at the time of trial.

10. Accordingly, this Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed. Sd/- V. HARI PRASAD ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Junior Civil Judge cum Judicial Magistrate of First Class at Nagarkurnool 2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] 3. One CC to Mr. Khaja Moinuddin, Advocate [OPUC] 4. Two CD Copies kam

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DATED:29/01/2025

ORDER

CRLP.No.822 of 2025

DISPOSING OF THE CRIMINAL PETITION