ORDER :

1. This Criminal Petition, under Section 482 Cr.P.C. has been filed to quash the proceedings in CC No. 218 of 2020 on the file of the learned III Additional Judicial Magistrate of First Class, Ongole, Prakasam district.

2. A charge sheet has been filed against the petitioners herein/A4 to A12 and others for the offences punishable under Sections 420, 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act.

3. Brief facts of the case are that, marriage between the de facto complainant and A1 was performed at Chand Kalyanamandapam, Vijayawada, on 29.08.2018, according to Hindu customs and norms. At the time of marriage, parents of the de facto complainant gave cash of Rs. 15,00,000/- and gold ornaments, weighing about 20 sovereigns, to A1 to A3 as dowry. Subsequently, the de facto complainant joined A1 for conjugal life at Guntupalli village, Vijayawada, where A1 to A3 are living. After joining the conjugal life, the de facto complainant realized that A1 is unfit for conjugal life to give issues to her. Accused Nos.1 to 12 concealed the fact of impotency of A1 and performed the marriage of A1 with the de facto complainant and thereby cheated her. With a view to wrap his inefficiency in conjugal life, A1 started harassing the de facto complainant during nights by exhibiting his unnatural acts. Further, A1 to A12 started harassing the de facto complainant demanding to get Rs. 5.00 Lakhs of cash as additional dowry and warned her that they would perform another marriage to A1 with other lady and harassed her both mentally and physically and drove her out of their house. Having no other go, the de facto complainant came to her parents’ house at Ongole.

4. Learned counsel for the petitioners submits that even accepting the entire accusations to be true, still no prima facie offences under Sections 498-A 420 IPC and Sections 3 and 4 of the Dowry Prohibition Act would attract against the petitioners herein. The petitioners herein, who are closely related to accused No. 1 i.e. his sisters, brothers, maternal aunts and their husbands, were shown as accused Nos. 4 to 12 in the present case by making omnibus accusations against them and there is no specific accusation against them.

5. On the contrary, learned counsel for 2nd respondent contended that specific overt-acts have been attributed against all the accused and the accused harassed the de facto complainant to register the property standing in her name. He further submits that these are all disputed questions of fact which have to be established during the course of trial.

6. On the other hand, learned Assistant Public Prosecutor concurred with the submissions made by the learned counsel for the 2nd respondent and submitted that truth or otherwise of the said accusations have to be decided during the course of trial.

7. Heard. Perused the material on record.

8. The marriage between accused No. 1 and the de facto complainant was performed on 29.08.2018. At the time of marriage, an amount of Rs. 15.00 Lakhs and gold ornaments weighing about 20 sovereigns were given to accused Nos. 1 to 3 as dowry. Subsequently, the de facto complainant joined A1 for conjugal life at Guntupalli village, Vijayawada. Thereafter, the de facto complainant realized that accused No. 1 is unfit for conjugal life to give issues to her. The accusation against the petitioners herein is that they concealed the fact of impotency of accused No. 1 to the de facto complainant. It is alleged that in order to suppress his inefficiency, accused No. 1 started harassing the de facto complainant during nights by exhibiting his unnatural acts. It is further alleged that accused Nos. 1 to 12 started demanding the de facto complainant to get additional dowry and warned her that they would perform another marriage to accused No. 1. Within no time, the de facto complainant was driven out of the house of A1 to A3 by harassing her both physically and mentally.

9. A perusal of the material on record goes to show that a notice wa