(1) This petition is filed by the 2nd accused (A-2) under Section 482 Cr.P.C for quashing proceedings in C.C.No.522 of 2005 on the file of Additional Judicial Magistrate of the First Class, Nellore relating to offence punishable under Section 498A I.P.C., and Sections 3 and 4 of the Dowry Prohibition Act.

(2) A-1 who is not a party to this petition, is husband of the defacto-complamant/2nd respondent. A-2 is widowed mother of A-1. Marriage of A-1 with the 2nd respondent took place on 08.11.1989. They have one female child and a male child. On report given by the 2nd respondent, Sub Inspector of Police, Women police station, Nellore registered case in Crime No.22 of 2004 and issued F.I.R on 04.09.2004. After investigation, the police filed charge sheet against A-1 and A-2 in the lower court on 07.11.2005. It may not be out of place to mention here that originally the case was booked against two other persons who are uncle and aunt of A-1 and they filed Writ Petition No.5937 of 2005 in this Court questioning the same. This Court by order dated 18.08.2005 quashed the F.I.R as against them. While allowing the Writ Petition, this Court directed the investigating officer to complete investigation against A-1 and A-2 and file charge sheet immediately.

(3) It is alleged by the defacto-complainant that she stayed with her husband till April, 1993 and that from the date of she joining her husband, A-1 and A-2 started harassing her on the pretext of lesser dowry demanding her to bring more dowry from her parents and that when she expressed her inability to do so, A-3 and A-4 used to instigate A-1 and A-2 to harass her. It is further alleged that after A-1 left for U.S.A. for better employment in April, 1993, she stayed with A-2 at Gudur from April, 1993 to June, 1993 and that during that period A-2 harassed her for brining more dowry. There is no dispute that in June, 1993, the 2ncl respondent joined A-1 at U.S.A. It is further alleged that A-2 went to U.S.A. in 2nd half of the year 1994 and stayed there for four months and during that period also A-2 harassed her to arrange for additional dowry. It is alleged that during October, 1997, A-1 visited India and during that time A-1 was instigated by A-2 to discard the 2nd respondent by way of divorce and it resulted in drastic change in A-1's attitude. There is no dispute that during June, 2000, the 2nd respondent, A-1 and children came to India and on 07.07.2000 A-1 left for U.S.A. leaving the 2nd respondent and children at A-2's house. But, the 2nd respondent and her children stayed in the 2nd respondent's parents' house at Gudur from 07.07.2000 onwards. The 2nd respondent further alleges that A-2 never allowed her to stay in her house at Guduru from July, 2000 upto July, 2003 when A-2 left for U.S.A. Subsequently, the children were taken away by A-1, to U.S.A. On 15.09.2003, the 2nd respondent received judgment in C.No.03-C-02-011562 dated 20.08.2003 of the Circuit Court, Baltimore County, Maryland, U.S.A. granting divorce to A-1 and 2nd respondent. The 2nd respondent challenged exparte divorce decree granted by U.S.A. Court in O.S.No.31 of 2004 before the District Judge, Nellore. The District Judge, Nellore by judgment and decree dated 17.01.2005 dismissed the suit. It is stated that as against decision of the District Judge, Nellore in O.S.No.31 of 2004, the 2nd respondent filed appeal in this Court and it is pending.

(4) It is contended by Senior Counsel appearing for the petitioner/A-2 relying on Bhaskar Lal Sharma v. Monica (1) (2010) 1 SCC (Cri) 383 that allegations against A-2 are general in nature and that there are no specific allegations of harassment of the defacto- complainant by A-2. It is further contended that allegations of the prosecution do not attract cruelty as contemplated by first limb of Explanation to Section 498A I.P.C. and that at best those allegations may attract second limb of Explanation to Section 498A I.P.C. and that in any event, charge shee