1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr PC’) by the petitioners-respondents 5 to 8 in D.V.C.No.11 of 2012, on the file of the learned VII Metropolitan Magistrate, Cyberabad at Hayathnagar, Hyderabad, requesting to quash the proceedings against them in the said D.V. Case.

2.I have heard the submissions of the learned counsel for the petitioners, the learned counsel for the 2nd respondent/complainant and the learned Additional Public Prosecutor representing the 1st respondent/State. I have carefully perused the material record.

2. (a) The 2nd respondent herein is the petitioner in the DV Case. The petitioners herein are the respondents 5 to 8 in the DV Case. The parties shall hereinafter be referred to as petitioners and the 2nd respondent as they are arraigned in this criminal petition.

3.Now, the points for determination are -

i) Whether the petitioners have made out valid and sufficient grounds for quashing the proceedings against them in D.V. Case No.11 of 2012 on the file of learned VII Metropolitan Magistrate, Cyberabad at Hayathnagar, Hyderabad?

ii) Whether the uncontroverted allegations made in the complaint of the 2nd respondent do not disclose even a prima facie case against the petitioners?

iii) Whether the application of the 2nd respondent should not have been entertained by the learned Magistrate against the petitioners (respondents 5 to 8) without discussing the domestic and legal relationship of the petitioners with the 2nd respondent?

4. POINTS:

4. (a) The substance of the petition, which was presented by the 2nd respondent to the Protection Officer, in brief, is this:

“The respondents 1 to 4 in the DV Case, who are not parties to the present criminal petition, are the husband, parents-in-law and the brother-in-law of the 2nd respondent herein. The petitioners herein are the respondents 5 to 8 in the DV Case. Under the lawful wedlock, the 2nd respondent has given birth to a male child by name Puneet. Since 02.11.2009, on which date the Reception was arranged, troubles had started between the spouses as the marriage was not liked by the 2nd respondent’s Parents-in-law as it is a love marriage and no dowry was given as expected by them. Further, on 03.11.2009, her husband had arranged a dinner for the family, friends and others in a restaurant. During the dinner party, the 2nd respondent was made to sit separately from all the family members and, her husband did not talk to her despite her request that she was feeling lonely. She was abused very badly in the presence of all the persons, who had attended that dinner party. Her parents-in-law stated to her that she had absconded from her parents’ house and married their son without any dowry. Her husband and parents-in-law, who all are residing in the same house, started harassing her and her parents-in-law used to ask her to bring dowry or else to take divorce so that their son can re-marry and get a good amount of dowry. As the 2nd respondent could not bring the dowry as demanded, on 22.04.2010, they all had abused her and her parents in filthy language and also removed her Mangal Sutram and Mettelu and had driven her out of the house stating that she should enter the house only with the dowry amount of Rs.5,00,000/-. Therefore, she had left her matrimonial home and made a complaint before the Women Police Station, Begumpet. Her parents-in-law, husband and brother-in-law were called by the said police on the next day i.e., 23.04.2010 for counseling. At that counseling they had admitted their mistakes and had promised to treat the 2nd respondent well without indulging in any such acts of harassment. On such assurance, the 2nd respondent lead conjugal life with her husband at Kummariguda, Secunderabad. However, her husband had again started harassing her; and, for not bringing dowry, subjected her to both physical and mental torture by making sarcastic remarks against her and her parents. Therefore, a