Shilam Srinu , Srinivas vs. The State Of Telangana

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CRLP/9878/2021HC TelanganaGSTCNR HBHC01055156202130 June 2023Bench: M.LAXMAN3 pages
AI SummaryDismissed

Facts

The petitioners, Shilam Srinu and three others, filed a criminal petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) before the High Court of Telangana. They sought to quash criminal proceedings in C.C. No. 5391 of 2020, pending before the V Additional Metropolitan Magistrate at L.B. Nagar, Cyberabad. These proceedings originated from FIR No. 148 of 2020, registered at Saroornagar Women Police Station, Rachakonda. The offenses alleged were under Sections 498A and 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The State of Telangana was the respondent. The petitioners sought a stay of further proceedings and the quashing of the criminal case.

Held

The Court noted the submission made by the learned Additional Public Prosecutor. It was stated that the parties involved in the criminal proceedings had entered into a compromise during the pendency of the criminal petition before the High Court. Consequently, the main case (C.C. No. 5391 of 2020) had already been disposed of by the court below on September 9, 2022. Based on this development, the Court found that the relief sought by the petitioners, which was to quash the criminal proceedings, had become infructuous. The Court therefore dismissed the present Criminal Petition as infructuous. No specific findings were made on the merits of the original allegations or the validity of the compromise, as the case was disposed of on the ground of infructuousness.

Key Issues

1. Whether the criminal proceedings in C.C. No. 5391 of 2020, arising from FIR No. 148 of 2020, registered for offenses under Sections 498A and 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, should be quashed against the petitioners (Accused Nos. 1 to 4)? Petitioner's Argument: The petitioners sought to quash the criminal proceedings, implying they believed the case lacked merit or was otherwise liable to be dismissed. They filed the petition under Section 482 of the Cr.P.C. to achieve this. Revenue/State's Argument: The learned Additional Public Prosecutor submitted that during the pendency of the petition, the parties entered into a compromise, and the main case itself was disposed of by the court below on 09.09.2022. Therefore, the relief sought in the present petition had become infructuous.

Sections Cited

Section 482, Section 498A, Section 323, Section 4

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
1 Shilam Srinu . @_S'nivas, S/o. Narsimha (Late), Age. 29 years, Occ. Driver, Cast ^ Mala, R/o H.No. 7-77, Koheda Viilage, RUOirttapurmdt Mandit, njnqj ii.dJvtirtrict 2. Smt Shitam Venkatamma,_wo Nirsimha(Late) Ase. stt;;;i, ti.i "iilil ,",t", caste. Mara, R/o H No T-tT,Koheda viilage, Alidui'rapu,m6inainoii-naffi"neooy District. 3 Shilam..Lrryggl, S/o Narsimha (Late). Age. 34-years, O_cc. RTC Drrver, C.ast Mata, . [/o- H N9 I -77, Koheda Viilage, Abduitaplrmet nianAar, h;q; R;;;i;ii;i''' 4. Sh.ilam G_anesh, S/o Narsimha(Late), Ag'e. 31 yeari, Od". Frilon]Cl."tul'v"rrr. nto H No. 7-77, Koheda viilage, A6duildpuriret udnoai'nanga neddy bist;;i. "'-'"' AND ...PET|TIONERS/ACCUSED No. 1to 4 1. The state of.T.erangana, Represented by its pubric prosecutor, High court of Telangana at Hvderabad. 2 iTt, P.udda Niraja, W/o Shilam. Srinu, 1ge.22 yrs, Caste. Madiga, Occ. House wife, R/o H.No. 7-22, lndranagar Colony, Kohlda, Rh Oistrict. ...RESPONDENTS/COMPLAINANT Petition under Section 492 oI cr.p.c praying that in the circumsrances stated in the Memorandum of Grounds of criminal'petition, the High court may ue pleased to call for the records in c.c.No. 5391 of 2o2o on the filS of v Additional Metropolitan Magistrate at cyberabad At LB Nagar and quash tne same-ajiinst the Petitioners No 1 to 4 /Accused No. 1 to 4. IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD [3216 ] FRIDAY .THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE M.LAXMAN CRIMINAL PETITION NO:9878 0F 2021 Between: l.A. NO: 1 OF 2021 Pelition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal'petition, the High court ,"y b. pleased to. grant stay of .all further proceedings including app-earance of 'the Petitioners No 1 to 4 /Accused No. 1 to 4 in c.c.No. sgst oizozb on the fite of V Additional Metropolitan Magistrate at Cyberabad At LB. Nagar. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri V RAM MOHAN REDDY ,Advocate for the petitioners and the Addl public prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent No 2.

The Court made the following: ORDER I I

To, THE HONOURABLE SRI JUSTICE I!\.LAXII,ITN CRIMINAL PETITION No.9878 cf 202 I ORDER L Tlre I ''i::.:r I lr nrinol l'elrtion is filed under S--cti<>n t,2 of ll-re Cocle of Ctinti,rcrl P1r,r;1 6l.l1'. (in slrcr''Cr.P.C')by the pelitir>rtc ,-occus<;d Nos.l to 4 seel<i,r .] 1o r lucsh lltc c:rinrinol proceedings i'r (1.C.l'.o.5391 of 2020, on tlre Iile, oi r rr, (lourl of V Additionol A4etropolil,:I Mogistroie ot L.B.Nogor. rrisirr, r cr I ol F l.R.No.l 48 of 2020 o Sitrc orno,lor Women Police Stolion. Flc c rokondo. regislered for the offr-.ncer tL nisroble under Seclions 4?)A u d 323 of ll're lndion Penol Codr. on,l S rct on 4 of the Dowry Prohilriti: r- Ac1. 2. On in',lru:l rrrs, leorned Additionol Public Prosec,..r ci hcrs submitled thot during the p:::ndency of lhis petition, the porties r rve erntered into compromisr, ono tlre'eby, the moin cose itself wrs clisp:rse,J of by the Court belo* or ) .t.(.)9.2022.. Therefore, the relief sorrght irr ris cetiiion hos become inf ruclur u: .

3.

Recorlinr; ilre obove mode submission, the J>r:>sent Criminol Petilion is d sm ss :c os infructuous. Miscelloneous peliric,.rs pending, if on sholl stond c;l rs :c //// /- P. ric,wRr SHANKAR ASSIST/\TIT IREGISTRAR '-'f) :;ECTION OFFICER

1.

The V Addition, rl riletropolitan Magistrate at Cyberabad At l- B I'lagar

2.

The Station Hor sr: Officer, Saroornagar Women Police Stiltr :n, Rachakonda

3.

One CC trl Sri \ l?am Mohan Reddy, Advocate [OFUC]

4.

Two CCs to ?u rlic Prosecutor High Court for the S:ate of T:larrgana (OUT)

5.

Two CD C;opies I V=

HIGH COURT DATED:30/06/2023 ORDER CRLP.No.9878 ot 20t1 CRIMINAL PETITIOh IS DISMISSED AS INFRUCTUOUS \ 1\'j\) l\8 ,$, -.-.-- €\, 5' {:t .-----> )l F> I

Reproduced from the public record of the Telangana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.