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K. SREENIVASA REDDY
Uggina Nagamani – Appellant
Versus
Kona Persisurani – Respondent
ORDER :
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings in C.C.No.349 of 2018 on the file of the V Metropolitan Magistrate, Anakapalle. The petitioner herein is A.2 in the said Calendar Case.
2. Heard both sides.
3. Basing on a report lodged by 1st respondent-defacto complainant, police registered a case in crime No.39 of 2017 of Women police station, Anakapalle, and after completion of investigation, laid charge sheet against the petitioner/A.2 and another for the offences punishable under Sections 498A, 324, 506 and 109 IPC and 3 and 4 of the Dowry Prohibition Act, 1961. The allegations in the charge sheet, in brief, may be stated as follows.
1st respondent-defacto complainant is wife of A.1. Their marriage was performed on 19.05.2015. On the demand made by A.1, her parents gave Rs.5,00,000/- cash, 5 tulas of gold, Rs.70,000/- for purchasing a motor bike and Rs.1,00,000/- for sari samanulu, as dowry besides cash of Rs.2,00,000/- towards marriage expenses, as A.1 is working as a Constable in Police Department. After marriage, the couple lived in police quarters, K.G.H. down, Visakhapatnam. Some time after the marriag
Vague and omnibus accusations, without specific mention of dates or times of alleged incidents, and against distantly related accused who reside separately, can amount to abuse of process of Court an....
The court established that vague allegations of dowry and cruelty do not constitute a prima facie case, warranting quashing of proceedings to prevent abuse of legal process.
The court quashed proceedings against the accused under Section 498-A IPC and the Dowry Prohibition Act, finding no prima facie case and emphasizing the need to prevent abuse of legal processes.
The court held that allegations of dowry harassment and illegal conduct necessitate a trial, as inherent powers under Section 482 Cr.P.C. do not allow for quashing based on disputed facts.
The appreciation of evidence is a matter for the trial court and cannot be a valid ground for quashing the charge sheet in a petition under Section 482 Cr.P.C.
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