IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Venkata Jyothirmai Pratapa, J.
Adusumilli Sri Ramachandra Prasad - Appellant
Versus
State of Andhra Pradesh - Respondent
Criminal Petition No. 1098 of 2020
Decided On : 01-02-2024
Abuse of Process - Quashment of Proceedings - Sec. 498-A IPC and Ss. 3 and 4 of D.P.Act - Sec. 482 Cr.P.C
Fact of the Case:
The case involved allegations of harassment and demand for dowry against the accused. The petitioners, who were the relatives of the accused, sought quashment of proceedings against them.
Finding of the Court:
The court found that the allegations against the petitioners were vague and general in nature, and there were no specific accusations or instances mentioned in the charge sheet. It concluded that the continuation of proceedings against the petitioners was an abuse of process of the court.
Issues: The main issue was whether there were justifiable grounds to quash the proceedings against the petitioners in the case involving Sec. 498-A IPC and Ss. 3 and 4 of the Dowry Prohibition Act.
Ratio Decidendi: The court applied the principles laid down in State of Haryana v. Bhajanlal and others, Kahkashan Kausar @ Sonam v. State of Bihar, and Preeti Gupta v. State of Jharkhand to determine the abuse of process and the need to prevent unjust proceedings against the relatives of the accused in dowry harassment cases.
Final Decision: The court allowed the Criminal Petition and quashed the proceedings against the petitioners in the case.
JUDGMENT
1. The instant petition under Sec. 482 of Code of Criminal Procedure, 1973[for short 'Cr.P.C'] has been filed by the Petitioners/Accused Nos.2 to 4, seeking quashment of proceedings against them in C.C.No.363 of 2019 on the file of the Court of I Additional Junior Civil Judge, Sattenapalli, Guntur District registered for the offences punishable under Sec. 498-A of the Indian Penal Code, 1860[for short 'IPC'] and Ss. 3 and 4 of the Dowry Prohibition Act, 1961[for short 'D.P.Act'].
2. Petitioners herein are Accused Nos.2 to 4 in the above C.C and they are the father-in-law, mother-in-law, and sister-in-law of Respondent No.2/de facto complainant respectively.
3. Brief facts of the case are:
a. The marriage of the de facto complainant with Accused No.1 was performed on 21/4/2016 at Hyderabad as per Hindu rites and caste customs. Both of them were previously married and got divorces and this is their second marriage. At the time of marriage, as per the demand of Accused Nos.1 to 3, the parents of the de facto complainant gave Rs.10.00 lakhs towards dowry, and presented 3 sovereigns of gold bracelet and one sovereign of gold ring to the accused. At the time of marriage, the de facto complainant was working at Chennai.
b. After the marriage, she joined with Accused No.1 at Bengaluru on 1/8/2016 and also joined in a job. After few days of marital life, Accused No.1 started harassing the de facto complainant both mentally and physically by abusing her in filthy language. Accused No.1 also used to abuse the parents of the de facto complainant as they kept her with them while her father was undergoing treatment for throat cancer. Accused No.1 used to beat the de facto complainant and left her at her parental home by demanding to bring the gold available in her parental home. Further, Accused No.1 used to send money to Accused Nos.2 to 4 and demand the de facto complainant to bring additional dowry of Rs.10.00 lakhs from her parents. When the de facto complainant informed about the harassment of Accused No.1 to his parents and sister, instead of admonishing him, they also supported him.
c. On 11/1/2019 Accused No.1 dropped the de facto complainant at her parental home. On the eve of Sankranthi festival, Accused No.1 came to her parental home on 15/1/2019 and demanded to give additional dowry of Rs.10.00 lakhs to him and Rs.1.00 lakhs to his sister. When the parents of the de facto complainant questioned his acts, Accused No.1 abused them indiscriminately. Having no other go, the de facto complainant lodged a report with Sattenapalli Police Station against Accused Nos.1 to 4 and the same was registered as a case in Crime No.8 of 2019 for the offence punishable under Sec. 498-A IPC. After completion of investigation, Police filed charge sheet against all the accused for the offences under Sec. 498-A IPC and Ss. 3 and 4 of D.P.Act.
4. Aggrieved by the registration of the said case, the present petition is filed by Petitioners/Accused Nos.2 to 4 to quash the proceedings against them in the above C.C on the following grounds:
a. Allegations made in the complaint are all false and concocted for the purpose of foisting a false case against the Petitioners, with a view to harass them.
b. No allegation is made out against the Petitioners to attract any offence much less the alleged offence. Even as per the allegations, Respondent No.2/de facto complainant never resided with the Petitioners herein.
c. Allegations mentioned in the complaint do not attract any offence and continuation of proceedings against the Petitioners is nothing but abuse of process of law.
Arguments Advanced at the Bar
5. Heard Sri Kambhampati Ramesh Babu, learned counsel for the Petitioners and Ms.D.Prasanna Lakshmi learned Assistant Public Prosecutor for State/Respondent No.1. Despite service of notice, none appeared on behalf of Respondent No.2.
6. Learned counsel for the Petitioners/Accused Nos.2 to 4 would submit that there are no specific allegations against the
The judgment established the need to scrutinize allegations in dowry harassment cases and prevent the abuse of process of the court, especially when vague and general accusations are made against the....
Vague and general allegations in dowry harassment cases do not constitute a prima facie case, necessitating specific allegations to prevent misuse of legal provisions.
Vague allegations in dowry harassment cases do not justify prosecution; specific accusations are necessary to prevent misuse of legal provisions.
The main legal point established in the judgment is the court's power to quash criminal proceedings under Sec. 482 Cr.P.C to prevent abuse of the process of law and ensure the ends of justice.
Court must guard against attempt to falsely implicate family members of husband in dowry offences.
Vague and omnibus allegations in matrimonial disputes do not justify criminal proceedings against relatives; specific accusations are necessary to avoid misuse of legal provisions.
The court established that specific allegations are necessary to proceed with dowry harassment cases against relatives, to prevent misuse of legal provisions.
The court established that relatives of the husband cannot be implicated in dowry harassment cases based on vague allegations without specific overt acts.
In dowry harassment cases, specific overt acts must be identified against relatives for proceedings; vague allegations are insufficient to sustain charges.
The court established that vague allegations in dowry harassment cases do not warrant criminal proceedings against relatives, emphasizing the need for specific accusations.
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