ORDER :

1. Since both the Criminal petitions arise out of the same Calendar Case, they are being disposed of by this common order.

Criminal Petition No.8380 of 2022 is filed by A2 and A3, who are parents of A1 and Criminal Petition No.8175 of 2022 is filed by A4 who is the brother of A1, under Section 482 of the Code of the Criminal Procedure, 1973, to quash the proceedings in C.C.No.1300 of 2022 on the file of the Principal Junior Civil Judge Court, Peddapuram.

2. The charge sheet reveals that the respondent No.2 herein filed private complaint on the file of the Additional Judicial First Class Magistrate, Peddapuram, which was forwarded by the Court under Section 156 (3) Cr.P.C. to the police to register the case and investigate into. Accordingly, the police, Jaggampeta registered the case in Crime No.90 of 2022 on 31.3.2022 and investigated and finally filed the charge sheet for the offences punishable under Sections 498-A, 323, 447, 452, 506 r/w 34 IPC and under Sections 3 and 4 of Dowry Prohibition Act. The learned Court below has taken cognizance of the said offences.

In brief, the case of the prosecution is the marriage of the respondent No.2 herein was performed with A1 on 26.7.2020 as per Hindu traditions. At the time of the marriage on the demand of A1 to A4, the parents of respondent No.2 herein gave Rs.5,00,0000/- towards dowry and Rs.3,00,000/- towards adapaduchu katnam apart from gold ornaments worth Rs.1,50,000/- etc., After marriage all the accused looked after her well for some time. Thereafter all the accused started harassing her both mentally and physically by demanding to bring additional dowry of Rs.5 lakhs. When she failed to comply with the said demand, she was thrown out from the house and hence she left for her parents’ house. On 23.1.2022 evening around 5.00 PM during the absence of her parents, A1 to A3 visited her and compelled her to sign in some blank papers, but she refused and shouted at them. When her parents and neighbours came to there, A1 to A3 left the place. Later A4 threatened her over phone that she will be killed if she fails to bring additional dowry of Rs.5,00,000/-. After giving notice under Section 41-A Cr.P.C. to A1 and later with the permission of the Superintendent of Police, East Godavari District to A2 to A4, charge sheet is filed.

3. Heard the learned counsel for the petitioners in both the petitions, the learned Special Assistant Public Prosecutor, for the respondent No.1 and the learned counsel for the respondent No.2. This Court perused the entire record.

4. Learned counsel for the petitioners contended that even accepting the entire accusations are true, no offence under Section 498-A IPC has been made out. It is submitted that all the allegations made against the petitioners in the report as well as in the charge sheet are of utter falsehood. The petitioners/A2 and A3 in Crl.P.No.8380 of 2022 are senior citizens and they are suffering from old age ailements such as diabetes, blood pressure and other health issues. The petitioner/A4 is working as Branch Manager in State Bank of India, Bhimavaram Branch, and is living elsewhere. Hence, petitioners/A2 to A4 never harassed 2nd respondent herein Thus, it is contended that the ingredients of none of the offences are attracted and therefore the petitions may be allowed and the charge sheet proceedings on the file of the learned trial Court may be quashed.

5. On the other hand, learned counsel for the respondent No.2 contended that there are specific accusations against the petitioners/A2 to A4. He further strenuously contended that at one instance, A4 threatened respondent No.2 over phone that she will be killed if she fails to bring additional dowry of Rs.5,00,000/-. The allegations made in the report as well as in the charge sheet make out prima facie case against the petitioners, hence the truth or otherwise of the said accusations have to be decided during the course of trial and therefore prayed to dismiss both the petitions