IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D. Ramesh, J.
VKS Radhesh - Petitioner
Versus
The State Of Andhra Pradesh - Respondent
Criminal Petition Nos.6113, 5976, 5998 of 2020
Decided On : 11-04-2022
Indian Penal Code, 1860 - sections 498-A -Criminal Procedure Code, 1973 - Section 482, 177, 178, 161, 179 - Dowry Prohibition Act, 1961- Section 2, 3, 4 - Amendment Act, 1983 - Domestic Violence Act, 2005 - Cause of action - Examination of witnesses by police - Ordinary place of inquiry and trial - Saving of inherent powers of High Court - Offence triable where act is done or consequence ensues -Protect the woman from the harassment and cruelty that she is subjected to by her in-laws - Consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas -Whether exception carved out by Section 179 would have any application to confer jurisdiction in courts situated in local area where parental house of wife is located –Held, Court has clarified the issue and holds that Courts at place where wife takes shelter after leaving or driven away from matrimonial home on account of acts of cruelty committed by husband or his relatives, would, dependent on factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498-A IPC - Hence contention raised by petitioners would not apply in this case- It is very clear that respondents have forced petitioners to left matrimonial home and left with no option he has left matrimonial home and filed a complaint - Court found no grounds to interfere at this stage and matter should be decided only after full fledged trial - Petition dismissed.
ORDER :
1. All the criminal petitions arise out of same crime number, against same respondents and the issue involved in all the three criminal petitions are also the same, but petitioners/accused are different. Hence all the three criminal petitions are being disposed of with a common order taking the Criminal Petition no.6113 of 2020 as a leading case as it is filed by accused no.1.
Crl.P.No.6113 of 2020:
2. This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.427/2020 on the file of the II Additional Judicial Magistrate of First Class, Tenali, Guntur District which is filed against petitioner/A1.
Crl.P.No.5976 of 2020:
3. This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.427/2020 on the file of the II Additional Judicial Magistrate of First Class, Tenali, Guntur District which is filed against petitioner/A4.
Crl.P.No.5998 of 2020:
4. This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.427/2020 on the file of the II Additional Judicial Magistrate of First Class, Tenali, Guntur District which is filed against petitioners/A2 and A3.
5. Sri V.R.Aavula, senior counsel argued on behalf of the counsel for the accused in all the three criminal petitions.
6. The case of the prosecution is that basing on the complaint of the 2nd respondent, the 1st respondent i.e. Station House Officer of Tenali Rural police station, Guntur District has registered a case in Crime no.272/2019 for the offences under sections 498-A IPC and sections 3 and 4 of Dowry Prohibition Act. The allegations made in the complaint are that the marriage was solemnized on 08.6.2017 at Gowtham Grand, Tenali. At the time of marriage, the parents of the petitioner/A1 have stated that the petitioner is running Surya books business worth Rs.200crores and the daily income of the petitioner is more than two lakhs. Believing the same, the parents of the defacto complainant have given 160 sovereigns of gold and 25 kgs of silver and six lakhs for the engagement expenses and fifty lakhs for the marriage expenses and in addition, they have spent more than 50lakhs for the marriage. After marriage, the defacto complainant went to Chennai along with her parents and there they have spent more than five lakhs for house hold things. After a week the defacto complainant was sent to office and all the other household work was also entrusted to her, her mother in law stopped all the servant maids and she started abusing the defacto complainant and also harassed physically.
7. It is further alleged that the husband of the complainant i.e. A1, father in law, mother in law and brother in law used to scold the defacto complainant with abusive language and they use to told that the defacto complaint is utterly poor and they are not equal to that of the petitioner’s family. They further demanded two crores of money as additional dowry. When the same was informed to the parents of the defacto complainant, they have arranged 50 lakhs at one time and 50 lakhs another time to her husband. The husband of the defacto complainant i.e. A1 used to come to home late hours and used to scold her to get additional dowry. Apart from attending the office work after completion, she use to attend household works and cooking.
8. When the defacto complainant and her husband went to Germany, Switzerland, her husband i.e. A1 left the petitioner by taking away her passport and visa. Though at last they reached Chennai, the petitioner did not respond to her call and they have not picked up phone. Whenever the parents came to Chennai, they were asked to stay at hotels and they were never allowed to the house of the petitioner and they were not allowed to take lunch or dinner. After making other several allegations she finally stated that she came to Tenali i.e. parental house.
9. Basing on the said allegations, the 1st respondent had investigated the crime by examining nine witnesse
Y. Abraham Ajith and Others vs. Inspector of police
Ramesh and others vs. State of Tamil Naidu
Manish Ratan and others vs. State of Madhya Pradesh and Another
Amarendu Jyoti and others vs. State of Chhattisgarh and Others
SupremeToday
The main legal point established in the judgment is that the allegations made in the complaint were specific and serious in nature, and the jurisdiction of the court to try the offences was establish....
In dowry-related cases, lack of specific allegations against distant relatives can warrant quashing of proceedings to prevent misuse of legal processes.
The main legal point established in the judgment is that the courts at the place where the wife takes shelter after leaving the matrimonial home due to acts of cruelty would have jurisdiction to ente....
The importance of specific allegations in cases of matrimonial disputes and the caution against the misuse of Sec. 498-A IPC.
In domestic violence cases, specific allegations must exist against each accused; vague claims will not suffice for prosecution.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.