IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
Cheekati Manavendranath Roy, J.
Lingam Anil Kumar - Petitioner
Versus
Sowmya Lingam - Respondent
Criminal Petition Nos.6376 and 6976 of 2019
Decided On : 24-04-2020
Code of Criminal Procedure, 1973 - Section 482 - Criminal Petitions are filed by the accused in Crime of Women Police Station, seeking quash of F.I.R., both the petitions were heard together and they are being disposed of by this common order - Held, Therefore, it is entirely the task of the Investigating Officer and if at all the charge-sheet is filed, it is the task of the trial Court to find out whether the allegations set out in the F.I.R. which are ascribed against the accused are true or not - At this stage, in a petition filed under Section 482 Cr.P.C, this Court cannot go into the said disputed question of fact to find out the truth or otherwise of the said allegations - The legal position in this regard is clearly settled by now - Ultimately, if the police files final report/charge-sheet even for the offence under Section 494 of IPC along with Section 498-A of IPC, it is for the concerned Court to decide whether cognizance of the said case can be taken or not in view of the bar engrafted under Section 198 Cr.P.C. - Police has to first ascertain whether there is in fact a second marriage or not and whether it was performed in due form as per the ceremonies prevailing in the community of either of the parties to the marriage or not and if they file charge-sheet to that effect, then it is for the concerned Court to decide on the aspect whether to take cognizance of the case or not in view of the bar contained under Section 198 Cr.P.C - Criminal Petitions dismissed.
Facts of the Case:
Finding of the Court:
Therefore, it is entirely the task of the Investigating Officer and if at all the charge-sheet is filed, it is the task of the trial Court to find out whether the allegations set out in the F.I.R. which are ascribed against the accused are true or not - At this stage, in a petition filed under Section 482 Cr.P.C, this Court cannot go into the said disputed question of fact to find out the truth or otherwise of the said allegations - The legal position in this regard is clearly settled by now - Ultimately, if the police files final report/charge-sheet even for the offence under Section 494 of IPC along with Section 498-A of IPC, it is for the concerned Court to decide whether cognizance of the said case can be taken or not in view of the bar engrafted under Section 198 Cr.P.C. - Police has to first ascertain whether there is in fact a second marriage or not and whether it was performed in due form as per the ceremonies prevailing in the community of either of the parties to the marriage or not and if they file charge-sheet to that effect, then it is for the concerned Court to decide on the aspect whether to take cognizance of the case or not in view of the bar contained under Section 198 Cr.P.C
Result: Criminal Petitions dismissed.
ORDER :
1. Since both these Criminal Petitions are filed by the accused in Crime No.69 of 2018 of Women Police Station, Kurnool, seeking quash of F.I.R. under Section 482 Cr.P.C, both the petitions were heard together and they are being disposed of by this common order.
2. Petitioners in Crl.P.No.6376 of 2019 are accused Nos.1 and 2 and petitioners in Crl.P.No.6976 of 2019 are accused Nos.3 and 4 in the above crime.
3. Shorn of the irrelevant details, facts germane to dispose of both these Criminal Petitions may be stated as follows: Accused No.1 is the husband of the de facto complainant.
4. Accused No.2 is the father-in-law of the de facto complainant. Accused Nos.3 and 4 are the sister and brother-in-law of accused No.1.
5. The de facto complainant lodged a report with the Police stating that her marriage was performed with accused No.1 in Vizag. Thereafter, they have setup a family in Hyderabad, where accused No.1 is living in pursuance of his employment and they lead conjugal life. Accused No.2, who is the father of accused No.1, also resided with them in Hyderabad. After their marriage, accused No.1 started harassing the de facto complainant making unlawful demands. Accused No.1 and his family members insisted the de facto complainant to invest Rs.20.00 Lakhs to purchase a house in Visakhapatnam. She refused for the same. However, she has invested Rs.20.00 Lakhs to purchase a flat in Hyderabad, to satisfy the demand of accused No.1. But, he is not satisfied with the same. He started suspecting her fidelity and harassed her mentally. Accused No.3, who is the sister of accused No.1, was not happy regarding the decision taken by the de facto complainant in investing money to purchase a flat in Hyderabad. So, she bore grudge against her. Therefore, she dragged her brother, who is accused No.1, into an extramarital affair with one beautician in Hyderabad. She also picked up a quarrel with the de facto complainant and dragged the de facto complainant by catching hold the tuft of her hair.
6. In the year 2015, accused No.1 went to the foreign country-Latvia on official work. She also accompanied him. Accused No.1 used to keep her in the house and lock the doors of the house while going to office. Accused No.1 even did not allow the de facto complainant to meet her friends in Visakhapatnam.
7. Accused No.1 also beat the de facto complainant and subjected her to both physical and mental torture. Even, accused No.2, who is her father-in-law, also used to physically and mentally harass her and used to drag her by catching hold of the tuft of her hair and he used to strangulate her neck. He also used to threaten her with dire-consequences to kill her. Accused No.1 also used to encourage his father, who is accused No.2.
8. Even though, her father purchased two properties in Hyderabad in the name of accused No.1 after availing loan, accused Nos.1 and 2 are not satisfied with the same and they used to indirectly demand for additional dowry. Accused No.1 gained access into her mobile phone and also WhatsApp account through some other mobile application and started monitoring her mobile phone discretely. He even went to the extent of posting objectionable messages and pictures to her friends through her WhatsApp and he used to insult her among her friends circle. Accused No.1 used to blackmail the de facto complainant by showing the said WhatsApp chats and messages and threaten her that he would make them public and tarnish her image. Therefore, she was subjected to severe mental depression and she was forced to take a decision to commit suicide.
9. On 17.09.2017 accused No.1 took the de facto complainant to Kurnool and raised dispute before her parents showing the said manipulated WhatsApp conversation and messages and indirectly made a demand for additional dowry from her father. Her father with great difficulty could pacify accused No.1 by rendering further financial help to him by way of giving additional dowry.
10. Accused No.1 also developed
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