The central legal point established in the judgment is the requirement for reasonable material and specifics to support criminal proceedings, and the inability to rely on vague and general allegations without supporting material.

ORDER :

This Criminal Petition under Section 482 Cr.P.C. filed by A.2 and A.3 seeking quashment of proceedings in C.C.No.308 of 2020 for the offences under Sections 498-A, 448 and 323 I.P.C. pending before the learned Judicial Magistrate of First Class, Jammalamadugu.

2. For petitioners, it is contended that the allegations are omnibus and there are no specific overt acts attributed. It has become practice of woman to rope in all the family members in cases under Sections 498-A I.P.C. by implicating them falsely so as to achieve their illegal demands. After filing of the charge sheet, the victim woman and her husband/A.1 have been living together amicably. 1st petitioner/A.2 works in Neeti Ayog. Continuance of the proceedings would tarnish his reputation and effect his employment. First Information Report and the charge sheet and the material filed along with it do not prima facie indicate commission of any offence and therefore, case against them shall be quashed.

3. Second respondent is the de facto complainant. Despite service of notice, none entered appearance on her behalf.

4. For 1st respondent-State, learned Assistant Public Prosecutor argued stating that the material on record indicated prima facie case and the disputed allegations are a matter for trial and no case is made out to quash the proceedings and seeks for dismissal of the petition.

5. The point that falls for consideration is:

“Whether continuance of proceedings in C.C.No.308 of 2020 as against the petitioners is abuse of process?

6. Point:

On a written information laid by Smt. K.Mabuchan, F.I.R. in Crime No.136 of 2020 was registered at Jammalamadugu Police Station. Inspector of Police investigated into the crime, recorded statements of six witnesses and got the victim examined by Medical Officer, Government Hospital, Jammalamadugu and cited him as list witness No.7 and citing investigating officers as LWs.8, 9 and 10 he filed charge sheet for the offences under Sections 498-A, 448 and 323 I.P.C. A.1 to A.4 are shown in the charge sheet. A.1 is the husband of the de facto complainant. A.2 is younger brother to A.1. A.3 is mother of A.1. A.4 is sister of A.1. Before adverting to the facts alleged in the charge sheet, the following principles are required to be noticed:

7. Upon an investigation into a cognizable offence if the investigating officer finds that there is sufficient evidence or reasonable ground, he shall forward the accused to Court (vide Section 170(1) Cr.P.C.) Upon completion of the investigation, he shall file a report of his investigation before the Magistrate who is empowers to take cognizance of offence on a police report. It is in this regard Section 173 Cr.P.C. provides that if the investigating officer comes to a conclusion that an offence appears to have been committed, he must file the police report and shall also file along with all the documents on which the prosecution intended to rely upon and all the statements of the witnesses recorded under Section 161 Cr.P.C. The competent Magistrate on perusal of such police report and on considering the material furnished along with the police report if he finds a prima facie case, he could take cognizance in terms of Section 190(b) Cr.P.C. While taking such cognizance, the learned Magistrate is obliged to apply his mind and verify the facts and form an opinion as to whether the facts available on record constitute the offences that are alleged or not?

8. In the light of the above principles, the facts on record are to be seen. First Information Report was registered in the year 2020. 12 years earlier to it the marriage between the victim woman was solemnized with A.1. During their wedlock children were born. The immediate facts that prompted the married lady to knock the doors of police took place on 16.03.2020. It is alleged that by then the married lady was not living with her husband and she was living with her mother in her parental home. At 9:15 A.M. on 16.03.2020, the victim woman happened to