Telangana High CourtK.N.Manjappa, And 2 Others vs The State Of Telangana, And Another on 22 December, 2021Author:K. LakshmanBench:K. LakshmanTHE HON'BLE SRI JUSTICE K. LAKSHMAN\n\n                  CRIMINAL PETITION No.8019 OF 2019\n\nORDER:This Criminal Petition is filed seeking to quash the\n\nproceedings in C.C.No.115 of 2019 pending on the file of XIII\n\nAdditional Metropolitan Magistrate, Kukatpally, Cyberabad\n\nagainst petitioners/A2 to A4.2.        The petitioners herein are A2 to A4 in the above C.C. The\n\noffences alleged against the petitioners are underSections\n\n498A,323,342,504,506of IPC andSections 3&4of Dowry\n\nProhibition Act.3.        In compliance of the order dated 10.12.2019, learned\n\ncounsel for petitioner has filed a memo along with returned\n\ncovers with an endorsement "unclaimed", which amounts to\n\nservice of notice.       There is no representation on behalf of\n\nrespondent No.2.4.        In the charge sheet filed in the above C.C., the only\n\nallegation against the petitioners herein is that they have\n\nsupported A1. They have given direction to A1 and they have\n\ndemanded additional dowry and also harassed 2nd respondent\n\nmentally. Except this one sentence, there is no other allegation,\n\nmuch less specific allegation against the petitioners herein, who\n\nare aged parents and brother of A1.5.InPreeti Gupta v. State of Jharkhand1, the Hon'ble\n\nSupreme Court has categorically held that in matrimonial\n\ndisputes, wife/complainant cannot rope the entire family1(2010) 7 SCC 6672members of husband in criminal cases by making omnibus\n\nallegations and there should be specific allegation against the\n\nfamily members of the husband.                   In the present case,\n\nabsolutely, there is no allegation, much less specific allegation\n\nagainst the petitioners herein, except the above said allegation.\n\nThe Investigation Officer in Crime No.83 of 2019 on the file of\n\nWomen Police Station, Gachibowli, Cyberabad has examined\n\nfour witnesses including the complainant, parents of A1, L.W.4-\n\nuncle of 2nd respondent. In their statements also, the only\n\nallegation against the petitioners is that they have supported A1\n\nand harassed 2nd respondent both physically and mentally.\n\nAccording to this Court, the contents of the charge sheet filed in\n\nC.C.No.115 of 2019 lacks the ingredients of offences alleged\n\nagainst    the   petitioners.       Therefore,    the   proceedings    in\n\nC.C.No.115 of 2019 against the petitioners herein shall be liable\n\nto be quashed and the same are abuse of process of law.6.   In view of the above, the proceedings in C.C.No.115 of\n\n2019 pending on the file of XIII Additional Metropolitan\n\nMagistrate, Kukatpally, Cyberabad against petitioners/A2 to A4\n\nalone are hereby quashed. It is made clear that the proceedings\n\nagainst A1 may go on.The     Criminal    Petition    is   accordingly    allowed.     The\n\nmiscellaneous petitions pending if any, shall stand closed.___________________\n                                                     K. LAKSHMAN, J\nDate: 22.12.2021\nDA