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2007 Supreme(SC) 1616

Supreme Court Of India
SANAPAREDDY MAHEEDHAR - Appellant
Versus
STATE OF ANDHRA PRADESH - Respondent
Appeal (Crl.) 1708 Of 2007
Decided On : 12/13/2007
.

Headnote:Code of Criminal Procedure, 1973 - Section 482 - Quashing-Proceedings under sections 498B, 406 of IPC and Sections 4, 6 of Dowry Prohibition Act against husband and his parents-High Court quashed the said proceedings qua the parents of the appellant on the ground that the Magistrate could not have taken cognizance after three years-Respondent not challenging the said order-Order became final-No justification for continuation of the said proceedings against the husband at belated stage-It would amount to sheer harassment to the appellant-It would amount to abuse of process of the court-Hence quashed. (Paras 30, 33 and 34)

       AIR 2005 SC 1989 AIR 2005 SC 9 AIR 2003 SC 3635, AIR 199 SC 2071, AIR 200 SC 297, AIR 1973 SC 1639, AIR 1992 SC 604, AIR 1982 5949, AIR 1981 SC 1054, AIR 1980 SC 326, AIR 1960 SC 866 - Referred to.

G. S. SINGHVI, J.

( 1 ) LEAVE granted.

( 2 ) THIS appeal is directed against the order dated 6/12/2006 passed by the learned Single Judge of the Andhra Pradesh High court whereby he dismissed the petition filed by the appellants under Section 482 of the Criminal Procedure Code (for short Cr. P. C)for quashing the proceedings of CC No. 240/2002 pending in the court of XXII Metropolitan Magistrate, Hyderabad in relation to offences under Sections 498a and 406, Indian Penal Code read with sections 4 and 6 of the Dowry Prohibition Act 1961 (for short the dowry Act ).

( 3 ) BHAVANI Shireesha, the eldest daughter of respondent no. 2 shrimati D. Shaila, is a doctor by profession. She was married to appellant no. 1 Sanapareddy Maheedhar Seshagiri who is working as software Engineer at New Jersey, USA on 22/4/1998 at Hyderabad. Before marriage, the appellants and their parents demanded Rs. 5 lakh cash, 50 tola gold jewellery and Rs. 75,000/- towards Adapaduchu katnam as dowry. They also demanded transfer of the ground floor of the residential house belonging to respondent no. 2 and her husband in favour of the parents of the appellants. Respondent no. 2 and her husband agreed to pay Rs. 4 lakh cash, 60 tola gold jewellary and Rs. 75,000/- towards Adapaduchu Katnam as dowry. They also agreed to bequeath the ground portion of their house in the name of their daughter. The appellants and their parents accepted the proposal and performed betrothal on 16. 04. 1998. Thereafter, the parents of the appellants demanded Zen car and threatened to cancel the engagement unless the car is given. This compelled the husband of respondent no. 2 to raise loan of Rs. 4 lakh and purchased the car, which is said to have been kept at the disposal of the parents of the appellants. After marriage, the appellants left for USA, but Shireesha bhavani stayed back at Hyderabad with their parents because she was undergoing training as House Surgeon. After completing the training, Shireesha Bhavani went to USA along with the parents of the appellants. She stayed at New Jersey from 1/11/1998 to 2/12/1998. During this period, Shireesha Bhavani was subjected to cruelty and harassment by the appellants and their parents on the ground that she did not bring enough dowry. On 3/12/1998 she went to Maryland (U. S. A.) and stayed with her relatives. In April 1999, the parents of the appellants returned to India. On 5/4/1999, appellant No. 1 instituted divorce petition in Superior Court at New Jersey and an ex parte decree was passed in his favour on 15/12/1999.

( 4 ) IN the meanwhile, Shireesha Bhavani wrote letter dated 13. 04. 1999 to her parents complaining of cruelty by the appellants and their parents. She disclosed that while she was staying with the parents of the appellants at Hyderabad, the mother-in-law always complained of lack of dowry and abused and criticized her and asked her to do menial job. She further disclosed that appellant no. 1 and his brother harassed and also pressurized her to bring additional money for purchase of a house at Hyderabad in the name of the in-laws. She gave detailed account of the alleged harassment and torture meted out by the appellants and their parents. Thereupon, respondent no. 2 filed complaint dated 26. 8. 1999 in the Court of XXII metropolitan Magistrate, Hyderabad (hereinafter referred to as the concerned Magistrate) detailing therein the facts relating to demand of dowry by the appellants and their parents and the incidents of cruelty and harassment to which her daughter was subjected at hyderabad and New Jersey. Respondent no. 2 also alleged that immediately after marriage, the appellants and their parents complained about lack of dowry by saying that appellant no. 1 could have been married for a dowry of Rs. 35 lakhs. Another allegation made by respondent no. 2 was that her daughter was driven out of the house with an indication that she will be allowed to return only after the demands of the accused appellants and the













































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