IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SREENIVASA REDDY, J.
K. Chaya Prathap Reddy – Petitioner
Versus
Y. Naga Sulochana – Respondent
Criminal Petition No. 2064 of 2019
Decided On : 25-01-2023
Indian Penal Code,1860 - Sections 498A - Criminal Procedure Code,1973 - Section 482 - Dowry Prohibition Act, 1961 - Section 3 and 4 - Offence of harassment and cruelty to women - Charged - Marriage between 1st respondent/defacto complainant and A.1 was performed and at time of the marriage, cash of Rs. 20.00 lakhs and gold jewellery was given as dowry by her parents - She joined A.1 to A.3 to lead conjugal life , where A.1 to A.3 joined together and started harassment against her both physically and mentally, demanding additional dowry from her parents - A.1 to A.3 necked out her from matrimonial home with a warning to rejoin after getting land property - Accused did not provide sufficient food to her and not treated her as human - On that, she went to house of her parents at village - A.1 to A.3 called her to Renigunta where they forcibly took her signatures on empty bonds and white papers and threatened her not to prefer any police report against them - Held, A perusal of accusations that have been made in charge sheet goes to show that accused harassed 1st respondent/defacto complainant demanding additional dowry and she was necked out from matrimonial home within a period of one month from date of marriage - All accusations that have been made as against petitioners are omnibus in nature that A.1 to A.3 harassed her physically and mentally for want of additional dowry - There is any amount of ambiguity that there would be a demand for additional dowry within 40 days of marriage - Insofar as petitioners 2 and 3/A.2 and A.3, who are parents of 1st petitioner/A.1 are concerned, since omnibus accusations are made as against them, Court feels that continuation of impugned proceedings against them is nothing but abuse of process of Court - In respect of 1st petitioner/A.1 is concerned, truth or otherwise of accusations made as against him has to be decided during course of trial - Court would not be in a position to conduct a roving enquiry into same in a proceedings under Section 482 Cr.P.C. - Criminal Petition is partly allowed.
ORDER :
1. This Criminal Petition, under Section 482 Cr.P.C. is filed to quash the proceedings in C.C. No. 13 of 2019 on the file of the Judicial Magistrate of First Class, Vayalpad, Chittoor district. Petitioners herein are arrayed as A.1 to A.3 in the said case. A.2 and A.3 are parents of A.1.
2. A charge sheet has been filed as against the petitioners for the offences punishable under Sections 498A IPC and 3 and 4 of the Dowry Prohibition Act, 1961. The allegations, in brief, are stated as follows:
On a report lodged by 2nd respondent, police registered a case in Crime No. 77 of 2017 of Vayalpad police station and filed charge sheet after completion of investigation.
3. Heard the learned counsel for petitioners, the learned Special Assistant Public Prosecutor for respondent No. 2-State and the learned counsel for 1st respondent. Perused the record.
4. Learned counsel for the petitioners submitted that even accepting the entire accusations in the charge sheet as true, still the offences alleged would not be made out as against the petitioners. He further submitted that 1st petitioner filed a case in Crime No. 778 of 2017 of Sanjeevreddy Nagar police station, Hyderabad against 1st respondent herein and others, and after completion of investigation, police filed a charge sheet for the offences punishable under Sections 417, 494, 495 and 109 IPC, which was taken on file as C.C. No. 2626 of 2018 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad, and the same is pending; that 1st petitioner also filed O.P. No. 1559 of 2017 on the file of the I Family Court, Hyderabad against 1st respondent herein seeking annulment of the marriage and the same is pending; that as a counter blast to the said cases, 1st respondent herein filed the present case. Basing on the aforesaid facts and relying upon the decision of the Hon’ble Apex Court in State of Haryana vs. Ch. Bhajanlal and Others, AIR 1992 SC 604 the learned counsel contended that even accepting the said accusations to be true, the proceedings that have been filed as against the petitioners are only with a view to wreck vengeance as against the petitioners. Hence, he prays to quash the impugned proceedings.
5. On the contrary, learned counsel for respondent No. 1 contends that a perusal of the allegations in the charge sheet would go to show that there are specific accusations as against the petitioners that they harassed 1st respondent physically and mentally demanding additional dowry, necked out her from the matrimonial home and threatened her not to prefer any police report. He further contended that the contentions that have been raised by the learned counsel for the petitioners are disputed questions of fact and the same have to be decided in the course of trial.
6. Learned Special Assistant Public Prosecutor appearing for 2nd respondent-State concurred with the contentions of the learned counsel for 1st respondent.
7. There cannot be any dispute that inherent powers of this Court under Section 482 Cr.P.C. can be exercised to prevent abuse of process of Court or to give effect to any order under the code or to
The court emphasized the need to curtail vague and omnibus accusations in dowry harassment cases and prevent the abuse of the court's process.
The importance of specific allegations in cases of matrimonial disputes and the caution against the misuse of Sec. 498-A IPC.
Vague and general allegations in dowry harassment cases do not constitute a prima facie case, necessitating specific allegations to prevent misuse of legal provisions.
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