ORDER :

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), is filed to quash the proceedings in C.C. No.273 of 2019 on the file of the Judicial Magistrate of First Class, Sompeta.

2. A charge sheet has been filed as against the petitioners herein/A.2 to A.5 and another (A.1) for the offences punishable under Sections 498A IPC and 3 and 4 of the Dowry Prohibition Act, 1961.

3. Brief facts of the case are as follows:

Marriage of A.1 with 2nd respondent was performed on 24.03.2019 at 8th Battalion Police Function Hall, Kondapur, Hyderabad as per hindu rites and customs.

At the time of marriage, her parents gave Rs.6,50,000/- cash, 3 tulas gold chain and ring, silver articles 40 tulas and adapaduchu katnam of Rs.50,000/- and sarasamanu of Rs.1,00,000/- to A.1, and 8 tulas gold ornaments and one black beads chain and six pairs of ear studs to her. At the time of engagement, A.2 and A.3 were given an amount of Rs.2,00,000/- and ½ tula of gold as gifts. After the marriage, the coupled lived happily for one month. Thereafter, A.1 to A.5 harassed her physically and mentally to get additional dowry of Rs.10.00 lakhs from her parents for purchasing a car.

They paid a deaf ear to the words of mediators and elders, and harassed her to abort her pregnancy and also tried to get marriage of A.1 with another girl. Unable to bear the harassment, she filed a police report on 07.06.2019 and basing on the same, police registered a case in crime No.49 of 2019 of Sompeta police station, and after completion of investigation, laid the charge sheet.

4. It is contended by the learned counsel for the petitioners that 2nd petitioner is totally blind and 3rd petitioner was studying at IIT, Mumbai during the alleged period of harassment. It is further contended that no particulars of harassment have been stated in the complaint except vague and bald allegations that there was a demand for additional dowry. Learned counsel for the petitioners also filed a Certificate issued by the IIT, Mumbai in favour of 3rd petitioner. He also filed certain certificates/documents pertaining to 1st petitioner and prays this Court to quash the impugned proceedings on the above additional material that has been filed before this Court.

Learned counsel for the petitioner also relied upon a judgment of the Hon’ble Supreme Court of India in Rajiv Thapar and others v. Madan Lal Kapoor, (2013) 3 SCC 330 and Anil Khandkiwala v. State (Government of NCT of Delhi) and another, Judgment dated 30.07.2019 in Criminal Appeal No.1157 of 2019 and, in support of his contentions.

5. On the other hand, learned counsel for 2nd respondent contended that the present Criminal Petition is not maintainable for the reason that it amounts to second quash petition without there being any change in circumstances and all the contentions that have been raised by the petitioners were already raised in the earlier quash petition in Criminal Petition No.7190 of 2019 and having considered all the contentions of the learned counsel for the petitioners, this Court was pleased to dispose of the earlier Criminal Petition. It is his further submission that authenticity of the documents sought to be relied on, by the petitioners is to be decided during the course of trial and these are all disputed questions of fact, which cannot be decided in a petition under Section 482 CrPC.

6. Admittedly, earlier, the petitioners herein filed Criminal Petition No.7190 of 2019 before this Court seeking to quash the proceedings in the aforesaid Calendar Case, and by an order dated 26.11.2019, this Court disposed of the Criminal Petition, holding that there is no material available to quash the entire proceedings, however this Court dispensed with appearance of the petitioners for all routine and normal adjournments and directing the petitioners to appear before the trial Court whenever their presence is necessary or when the Court directs them to appear.

Notwithstanding the same, the petitioners o