The court emphasized the need to curtail vague and omnibus accusations in dowry harassment cases and prevent the abuse of the court's process.

ORDER :

1. The Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/A-3 seeking to quash the proceedings in C.C.No.2277 of 2022 on the file of learned I Additional Judicial Magistrate of First Class, Kadapa.

2. A Charge Sheet has been filed against the petitioner herein and others for the offences punishable under Sections 498-A read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act.

3. Case of the prosecution, in brief, is that marriage between the de facto complainant and A-1 took place on 14.02.2021 in the presence of their relatives at Noor-e-marriage hall, Madras Road, Kadapa Town. It is alleged that, at the time of marriage, the parents of de facto complainant gave 15 Tulas of gold jewellery and Rs.5.00 Lakhs as gifts to A-1 as per the wishes of A-1 to A-3. A-1 and the de facto complainant lived happily for some period and the de facto complainant blessed with one daughter namely Pathan Mohavesh Khanam. Thereafter, disputes between A-1 and the de facto complainant arose. It is alleged that the de facto complainant saw her husband/A-1 was chatting with one Rubina on phone and the same was informed to A-2, the mother of A-1, but A-2 supported A-1. It is alleged that A-1 to A-3 scolded the de facto complainant for every small things and forced her to go to her parents house to get additional dowry. It is further alleged that A-1 to A-3 harassed the de facto complainant both physically and mentally. A-1 used to harass the de facto complainant for extra dowry. Unable to bear the harassment being meted out to her by the accused, she went to her parents house. On 04.09.2022, when a panchayat was held, only A-1 went there, and during panchayat a quarrel ensued between A-1 and the de facto complainant, resulting in A-1 slapped on the cheek of the de facto complainant. Thereafter, the de facto complainant preferred a report against the accused. Basing on which, a case was registered in Crime No.322 of 2022 of Kadapa II Town U/G Police Station for the offences punishable under Sections 498-A read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The police, after conducting investigation, filed charge sheet and the same was numbered as CC No.2277 of 2022 on the file of the learned I Additional Judicial Magistrate of First Class, Kadapa.

4. Learned counsel for the petitioner herein has categorically submitted that the petitioner herein/A-3 is the sister of A-1 and she was married and residing separately. He submits that even going by the accusations contained in the charge sheet, absolutely, no specific accusation has been made out as against the petitioner herein, except making an omnibus allegation that all the accused harassed the de facto complainant demanding additional dowry. He further submits that except making vague and bald allegations, there is no other material to connect the petitioner herein to the alleged crime.

5. When the case came up for admission on 17.03.2023, this Court directed the petitioner herein to take out personal notice to the 2nd respondent by Registered Post with Acknowledgment Due and file proof of service. It is evident from the record that the petitioner has taken out notice to the 2nd respondent. Though notice has been served on the 2nd respondent, today when the matter came up for hearing, none appeared on behalf of the 2nd respondent nor is there any representation made on her behalf.

6. On the other hand, learned Assistant Public Prosecutor opposed quashing of the proceedings against the petitioner herein on the ground that there is specific accusation against the petitioner herein/A-3 that she demanded additional dowry from the de facto complainant.

7. Heard. Perused the record.

8. 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 secure the ends of justice. This Court is also