CC No.80/2019, XV ACJM, Hyderabad
Dt: 15-05-2026
IN THE COURT OF THE XV ADDITIONAL CHIEF JUDICIAL MAGISTRATE
AT HYDERABAD
Present:-Ajay Kumar Devan XV Addl. Chief Judicial Magistrate, Hyderabad
Friday, this the 15h day of May, 2026
CC.No. 80 of 2019
BETWEEN: The State of Telangana Rep. by the Sub Inspector of Police, WPS, CCS Hyderabad. …. Complainant
And
A1 : D.Madhuudhan S/o.D.Ramesh(Abated) A2 : D.Ramesh, S/o.D.Mallaiah (Abated) A3 : D.Suma Latha, D/o.D.Ramesh, Age : 29 years, Occ : Household, A4 : D.Pavan Kumar, S/o.D.Ramesh, Age : 30 years, Occ : Nil, A3 & A4 are R/o.H.No.2-4-465, Krishna Nagar, Kachiguda, Hyderabad. … Accused * * * * * This case is coming before me for final hearing on 08-05-2026 in the presence of Smt Anitha Deshmukh, Learned Assistant Public Prosecutor for the state and M/s.Suraj Baisa, Learned Advocate for the accused and the matter having stood over till this day for consideration, this court delivered the following:-
J U D G M E N T
1.Accused No.3 and 4 (In short A3 and A4) are prosecuted for the offence u/s.498-A of Indian Penal Code (In short IPC) and Sec 4 of Dowry
Prohibition Act (In short DP Act).
2.Pw1/D Mahalaxmi is the De-facto complainant and Pw2/Madhavi is her mother. Pw3/C Sudhakar is the Sub Inspector of Police, CCS DD and the
Investigating officer.
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3.On 10-08-2018 Pw1 has lodged a written report report the Sub Inspector of
Police, CCS DD, Lw5/P.Vijay Bhaskar and it was registered as case in
Cr.No.466 of 2018 for the offence u/s.498-A, 406 of IPC, sec 3 and 4 of DP
Act. Investigation was taken up by Pw3 and he examined Pws.1 and 2 and other available witnesses. He issued notice u/s. 41-A of Code of Criminal
Procedure (In short Cr.P.C) to A1 to A4. On completion of Investigation he has filed a charge sheet.
4.According to the prosecution the marriage of Pw1 and A1 was performed on 25-05-2011 as per Hindu rites and customs and it was an arranged marriage. At the time of marriage her parents have presented Rs.2,50,000/- cash, 6 tulas of gold, pulsar two wheeler and other house hold articles towards dowry. After the marriage she stayed with A1 and other accused for two years. They all started harassing her for additional dowry of Rs.15,000/- per month. A1 was suffering with physical and mental issues even prior to her marriage. A2 to A4 have cheated them and performed the marriage. A1 was suffering with kidney problem even prior to his marriage and this fact was suppressed from them. He was having medicines secretly without discussing the issue with her. A4 threatened her to revive the health of A1 or else he would kill her and her parents. Unable to bear the harassment she informed these facts to her parents and the matter was placed before the caste elders but there was no change in them. Her parents have presented
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additional dowry of Rs.1,50,000/- to A1. From March 2018 she along with A1
were residing separately at Amberpet and A1 did not pay the house rent of
Rs.7000/-. In April 2018 A1 was admitted in Care hospital, Banjara Hills for 10 days and after discharge he left to his parents house. She tried to join him at her in laws house but was not permitted to enter into the house. She used to make telephone calls to A1 but there was no response.
5.Cognizance was taken for the offence u/s.498-A, 406 of IPC and Sec 3 and 4 of DP Act. On appearance of the accused, copies required under section 207 of Cr.P.C., was furnished and they were examined u/s.239 of Cr.P.C and charges u/s 498-A of IPC and Sec 4 of DP Act was framed. As they pleaded not guilty the case came up trial wherein the prosecution has examined
Pws.1 to 3 and exhibited P1 to P4, in detail mentioned in appendix of evidence annexed hereunder. After closure of the prosecution evidence the statement of accused was recorded u/s.313 of Cr.P.C., and their case is of total denial. In defence A3 was examined as Dw1 and exhibited D1 which is the original letter dated 13-07-2014 executed by President, Krishna Nagar
Youth Association.
6.Heard both the Learned Asst. Public Prosecutor (In short Ld. APP) and the learned defence counsel. Ld APP would contend that the evidence of Pw1 shows that immediately after two days of the marriage she was harassed by suspecting her fidelity. As the harassment increased after three months she
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Dt: 15-05-2026
left to her parents house and a panchayat was held and she along with A1 shifted to a rented house at Amberpet. A1 was suffering with kidney problem from the childhood and it was concealed and she came to know about it when he was admitted in Care hospital Banjara Hills. These facts constitutes cruelty. Pw2 is the mother of the Pw1 and she corroborated the evidence of
Pw1 in all material aspect. Accused produced defence evidence and it proves holding of panchayat which corroborates the evidence of Pws.1 and
2. A3 also admitted about Pw1 and A1 residing separately and also about pulsar two wheeler presented towards dowry and that it is still in their possession.
7.Per contra learned defence counsel has criticized the prosecution case on the following grounds;
a) Prosecution did not produce documents to prove presentation of dowry.
The father of Pw1 has got no financial capacity to present dowry. Pw2 deposed that her husband has obtained PF loan and paid the dowry but the said document was not produced. Ex.P1 shows that after two years of the marriage accused started harassing Pw1 for additional dowry. A1 was having kidney problem and was not working even prior to the marriage. Pw1 in her cross examination admitted that in April, 2018 A1 was admitted to hospital and they came to know that he was suffering with kidney problem. Thus the
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allegation that even prior to the marriage A1 was suffering with kidney problem is without any merits.
b) The allegation that Pw1 paid money for the demand of A1 is not supported with any documentary evidence. There was a panchayat and later Pw1 and
A1 set up separate residence in a rented house. Ex.D1 does not show the involvement of A3 and A4 and that they used to beat Pw1. This fact is admitted by Pw1 in her cross examination. Pw1 in her chief examination deposed that A3 beat her several times and A4 threatened her to kill her and her family members but it does not find place in Ex.P1. Pw1 claims that she was driven out of the matrimonial house but whereas the evidence of Pw2 shows that A1 has sent Pw1 to her house which disproves the statement of
Pw1.
c) The main cause of disputes between Pw1 and A1 is spoken by Pw2. Her evidence shows that A1 was unemployed and was not keeping well most of the time.
8.Now the point for determination are : “Whether Pw1 was subjected to cruelty for additional dowry and A3 and A4 have committed an offence u/s.498-A of
IPC and Sec 4 of DP Act?
9.Point : I have perused the entire material on record. From the admitted case of both the parties the following facts are not in dispute. The marriage of Pw1
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and A1 was performed on 28-05-2011 as per Hindu rites and customs and it was an arranged marriage. Pw1 joined the society of A1 and A2 to A4 used to reside with them. Another sister-in-law and brother-in-law also used to resident with them. After three months cetain matrimonial disputes arose between them and a panchayat was held before Krishna Nagar Youth
Association and after the said panchayat both Pw1 and A1 set up a separate resident at Amberpet. They stayed together for three years. A1 was suffering with kidney problem and he was admitted to care hospital Banjara Hills for 10 days and after discharge he went to his parents house and Pw1 to her parents house and since then they are residing separately.
10.According to the prosecution even prior to the marriage A1 was suffering with kidney problem and this fact was concealed and the marriage was performed. A3 used to quarrel with her on petty issue and beat her A4. A4 used to abuse and threaten to kill her and to revive health of A1. On the demand of accused parents of Pw1 gave additional dowry of Rs.1,50,000/- and even then the harassment continued. A1 failed to pay the house rent for 10 months and the parents of Pw1 have paid. On the other hand the case set up by the accused is that as A1 was suffering with kidney problem only after the marriage. Disputes arose between them as he was idle most of the time.
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11.A1 and A2 died during the pendency of this case and this case is being disposed of only against A3 and A4 and as such the evidence only to connect these accused with the charges are being evaluated.
12.Pw1 and Pw2 deposed about presentation of dowry to the accused on their demand, but unfortunately no documentary evidence was produced. Both these witnesses claim that 6 tulas of gold, pulsar two wheeler were presented towards dowry. However the admission made by A3/Dw1 shows that pulsar two wheeler was presented to A1 and at present lying in her parents house in a shed. Thus it is proved that only Pulsar Two wheeler and house hold articles were presented to A1.
13.Pw1 deposed that after two days of marriage A1 started harassing by suspecting her fidelity and later A2 started harassing suspecting that she had premarital affair with others and even continuing after the marriage. For this reason A3 beat her several times. She question A1 to show proofs of her extra marital affair and A4 threatened to kill her and her family. After three months as the harassment increased she left to her parents house. A panchayat was held in a community hall near to her in laws house and on the advise of the elders she along with A1 shifted to separate rented house at Amberpet and stayed together for three years. A1 was not having conjugal relationship with her during this three years and she enquired him and took him to the Care hospital, Banjara Hills and came to know that he had kidney
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problem since childhood and was unfit for marital life. After discharge from the hospital her in laws took A1 to their house and and on the request of A1 and A2 she came her parents house. A1 did not pay 10 months rent after discharge from the hospital and she paid it and vacated the house and residing with her parents. In her cross examination she stated that she along with her husband were in the matrimonial house till the year 2014. After three years of marriage she took up employment and at that moment they were residing in a rented house. Her father lodged a complaint dated 13-07- 2014 before Banjara Darwaza Welfare Committee as she was beat and driven out of the matrimonial house and in the said complaint there is no reference about A3 and A4 about beating and driving her out of the matrimonial house. A panchayat was held on 03-08-2014 at the above welfare committee and the elders passed written resolution and it contains the signature of her father and her father-in-law and after the said panchayat on her consent she along with A1 shifted to Amberpet. In the said panchayat it was resolved that her father-in-law shall pay Rs.2000/- per month to them.
According to her the said resolution was not honoured. She had no idea about A1 receiving Rs.60,000/- while separating from his joint family. After shifting to Amberpet her father used to meet the house rent and expenses and it was in cash. In April 2018 A1 was admitted to Care hospital, Banjara
Hills as he was ill and after diagnosis she came to know that he was suffering with kidney problem. In the year 2014 when she was with her in
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laws A3 beat her and A4 threatened to kill her but she did not lodge any report against them as A1 stopped her. In the meeting before the committee she did not bring to the notice of the elders about the harassment of A3 and
A4 and for the first time she named A3 and A4 in Ex.P1.
14.Pw2 is the mother of Pw1 and she deposed that her daughter lived happily with A1 for six months and later disputes arose between them. A1 was unwell and other accused demanded her daughter to bring money for his medical needs and they paid Rs.1,50,000/-. After six months of marriage A1 was admitted in the hospital and after one week he was discharged and later her daughter and A1 separated from the joint family and started residing in a rented house and stayed for one year. A1 was unemployed and not keeping well most of the time and as such disputes arose between them. A1 was again admitted in the hospital and after discharge he sent her daughter to her house. In her cross examination she deposed that she used to visit her daughter at Amberpet. A3 and A4 were not present at Amberpet.
15.A3 was examined as Dw1 and she deposed that after two or three years of marriage certain disputes arose between Pw1 and A1 and a panchayat was held at Krishna Nagar Youth Association and after the panchayat they both started residing in a rented house at Amberpet. They never visited them.
Due to the health issued A1 received treatment but unfortunately he died on 11-01-2022. No dowry was presented to A1. The allegation of Pw1 that they
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have provided treatment to A1 was incorrect as his father was working in a police department and A1 was having health card (Arogya Baratha Card) and his entire treatment was free. She produced letter dated 13-07-2014/Ex.D1 executed by the President of Krisna Nagar Youth
Association. In her cross examination she stated that at the time of marriage of A1 and Pw1 she was staying in a joint family along with her parents. She denied about the presentation of dowry to them and about the harassment of
Pw1 suspecting her fidelity. She further denied that A1 was suffering with kidney problem since his childhood. She denied the case of the prosecution.
16.When the evidence referred above are considered in totality it is understood that after the marriage both Pw1 and A1 used to stay in the a joint family compromising of other accused and after few months disputes arose between them and a panchayat was held before the Krishna Nagar Youth
Association, Kachiguda and as per the advise of the elders both Pw1 and A1 shifted to a rented house at Amberpet and stayed for three years. As A1 was not cohabiting with Pw1 she took him to treatment to Care hospital, Banjara
Hills and came to know that he was suffering with kidney problem and after discharges he came to his house and whereas Pw1 went to her parents house. A1 was most of the time idle without employment and whereas Pw1 was working. Her parents have financially assisted them to meet the day to day requirements.
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17.The allegation of Pw1 that immediately after two days of marriage A1 and A2 started harassing her by suspecting her fidelity and on this point A3 used to beat her several times and when she questioned A1 to prove the allegations
A4 threatened to kill her and her parents is without merits. These facts are material improvements omitted in Ex.P1 and cannot be considered. Pw2 is the mother of Pw1 did not state these facts in her evidence. Apart from this there are no other circumstances on record to suggest that Pw1 was harassed by suspecting her fidelity. A3 and A4 used to beat her and threaten her on this aspect. This is the only allegation made against these accused and there are no other allegation against them, either in Ex.P1 or in the evidence of Pws.1 and 2. A panchayat was held before the elders and Pw1 did not bring this fact, ie., involvement of A3 and A3 before the said elders and for the first time she has stated this fact before this court. Contrary to this in Ex.P1 it is stated that A3 has several times beat her and A4 has threatened her to revive the health of A1 or he will kill her and her family members. Thus it is difficult to believe the said allegation made against the accused.
18.It is understood that A1 was suffering with kidney problem and was unemployed and not cohabiting with Pw1 and disputes arose between them and the said disputes went to the extent of their separation. Immediately after the discharge from the hospital A1 went to his house and whereas Pw1
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went to her parents house. Later Pw1 filed this case and during its pendency
A1 died due to kidney problem.
19.Another allegation made against the accused is about concealing the disease of A1 prior to the marriage. In order to suggest that A1 was suffering with kidney problem even prior to the marriage no material is produced on record. In Ex.P1 it is stated that A1 used to consume medicines secretively without disclosing it to Pw1 and this fact is not spoken by Pw1 and Pw2.
These witnesses did not speak any other circumstance to suggest that in- fact A1 was suffering with kidney problem even prior to his marriage. On the other hand in the chief examination Pw1 stated that she came to know about it when A1 failed to cohabit with her during his stay at Amberpet for three years and when she took him to the care hospital, Banjara Hills. The above evidence suggest that even A1 and other accused were unaware about his disease.
20.As A1 was unemployed and idle most of the time parents of Pw1 supported them financially to meet day to day requirements. It might be true they have paid Rs.1,50,000/- to meet their day to day requirements. The allegation that accused demanded Pw1 to bring money to meet the medical needs of A1 is found without material. Pw1 though stated in Ex.P1 but did not speak this fact. On the other hand A3 has categorically stated that her father worked in police department and A1 was having Aarogya Bhatrha Card and his entire
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treatment was free. This fact was not specifically denied by the prosecution.
Prosecution could have produce material to show that the medical expenses of A1 have borne by the Pw1 and her parents but failed to do so.
21.For the foregoing discussion this court hold that the prosecution has failed to prove its case beyond reasonable doubt and A3 and A4 are entitled for acquittal.
22.In the result, A3 and A4 are found not guilty for the offence u/s.498-A of IPC and Sec. 4 of DP Act and accordingly they are acquitted for the said offence u/s. 248 (1) of Cr.P.C. Their bail bonds shall be in force for (6) months in terms of sec.437-A of Cr.P.C.
Dictated to Stenographer Gr-II, transcribed by her, corrected and pronounced by me in the open
court, on this the 15 th day of May, 2026.
(Ajay Kumar Devan) XV Addl. Chief Judicial Magistrate, Hyderabad
APPENDIX OF EVIDENCE
WITNESS EXAMINED
For Prosecution Pw1 : Mahalakshmi -Defacto Complainant Pw2 : Madhavi -Mother of Pw1 – Circumstantial witness Pw3 : C Sudhakar -Investigating officer
For Defence Dw1 : Sumalatha
EXHIBITS MARKED ON BEHALF OF PROSECUTION
Ex.P1/Pw1 : Report report of Pw1 Ex.P2/Pw1 : Marriage photographs (2 Nos)
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Ex.P3/Pw1 : Wedding card Ex.P4/Pw3 : First Information Report
EXHIBITS MARKED ON BEHALF OF DEFENCE
Ex.D1/Dw1 : Original letter dated : 13-07-2014 executed by Krishna Nagar Youth Association
MATERIAL OBJECTS MARKED
- Nil - (Ajay Kumar Devan) XV Addl. Chief Judicial Magistrate, Hyderabad //True copy//
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