Telangana HC quashes case against accused’s family members
The Telangana High Court, led by Justice N. Tukaramji, has quashed criminal proceedings against the family members of a man accused of cheating and sexual exploitation. The Court held that vague and general allegations without specific evidence cannot justify prosecution.
By Legal Correspondent
Hyderabad: Justice N. Tukaramji of the Telangana High Court has quashed criminal proceedings against the family members of an accused in a case involving allegations of cheating and sexual exploitation, holding that their continued prosecution would amount to an abuse of the process of law.
The Court was hearing a criminal petition filed by Bharadwaj Sharma and three others seeking quashing of proceedings pending before a trial court in Medchal–Malkajgiri district. The petitioners contended that they had been falsely implicated solely on account of their relationship with the principal accused, against whom the substantive allegations were made.
According to the prosecution, the de facto complainant was allegedly induced into a relationship by the primary accused on the promise of marriage. During the course of the relationship, it was alleged that he obtained money, gold ornaments, and important documents from her, and later refused to marry her, in addition to committing sexual assault.
However, counsel for the petitioners argued that the allegations against them were vague and general in nature, with no specific role or overt act attributed to any of the family members.
Upon examining the complaint and the charge sheet, the Court found that the dispute essentially arose out of a personal relationship between the complainant and accused No. 1. It was observed that there was no substantive material connecting the petitioners to the alleged offences.
The Court further held that mere familial relationship with the principal accused cannot, by itself, be a ground to subject individuals to criminal prosecution in the absence of clear and specific allegations indicating their involvement.
Placing reliance on settled principles laid down by the Supreme Court, the Court noted that vague and omnibus allegations against family members, without supporting evidence, are insufficient to sustain criminal proceedings. It was also observed that the essential ingredients of the offence of cheating were not made out in so far as the petitioners were concerned.
In view of the above findings, the Court allowed the criminal petition and quashed the proceedings against the family members of the main accused, while clarifying that the case against the principal accused shall proceed in accordance with law.
