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CHEEKATI MANAVENDRANATH ROY
Thammisetti Narasimha Rao – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
1. This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of charge sheet in C.C.No.973 of 2020 on the file of the learned VI Additional Junior Civil Judge, Guntur.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
3. The petitioner is A-4 in the above C.C.No.973 of 2020 on the file of the learned VI Additional Junior Civil Judge, Guntur. He has been facing prosecution for the offences punishable under Section 498A r/w 34 I PC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
4. Learned counsel for the petitioner would submit that it is stated in the F.I.R that the petitioner, who is A-4, only harassed the de facto complainant by using harsh language against her. He would submit that, however, it is stated in her Section 161 Cr.P.C statement that the petitioner herein, who is A-4, also harassed her along with along with other accused by making illegal demand for additional dowry. Therefore, he would submit that this is a deliberate improvement made in her Section 161 Cr.P.C statement, which was not stated in the F.I.R. So, he would submit that this
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.
The Court emphasized the importance of scrutinizing the legitimacy of criminal proceedings and the need to prevent abuse of process, especially when allegations are manifestly attended with malafides....
The court confirmed the sufficiency of evidence for charges under IPC and Dowry Prohibition Act, emphasizing the role of trial courts in assessing such matters.
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.
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