IMPORTANT POINT
Specific allegations are required for prosecution under dowry laws; vague claims against relatives are insufficient.

ORDER :

1. The instant petition under Section 482 of Code of Criminal Procedure, 1973 [for short ‘Cr.P.C.’] has been filed by the petitioners/Accused Nos. 2 to 6, seeking quashment of the proceedings against them in C.C. No. 1718 of 2019 on the file of the Court of III Additional Munsif Magistrate, Ongole, Prakasam District for the offences punishable under Section 498-A read with 34 of the Indian Penal Code, 1860 [for short ‘IPC’] and Sections 3 and 4 of the Dowry Prohibition Act, 1961 [for short ‘D.P. Act’].

2. Accused Nos. 2 and 3 are the parents of Accused No. 1 and Accused Nos. 4 and 5 are the sister and brother-in-law of Accused No. 1 and Accused No. 6 is the cousin of Accused No. 1.

3. The contents of the charge sheet, in brief, are as follows:

(a) Marriage of the complainant took place with Accused No. 1 on 15.05.2011. At the time of marriage, her parents gave dowry of Rs.2,25, 000/- and also presented 15 sovereigns of gold towards. Before marriage, Accused No. 1 worked at Mysore as clinical researcher and after marriage as per the orders of the company, he was shifted to Visakhapatnam.

(b) Then Accused No. 1 and the complainant put the family in Visakhapatnam and led conjugal life and were blessed with a daughter. At that time, the parents of the complainant got purchased the house hold articles worth Rs.50,000/-.

(c) Later, Accused No. 1 left the complainant and her daughter at the house of his parents and was alone living in Visakhapatnam, when the complainant was the third month pregnant. Accused Nos. 2 to 6 started to demand the complainant to get additional dowry and gold from her parents and harassed her daughter both mentally and physically.

(d) Complainant narrated entire harassment to her parents. Further Accused Nos. 2 to 6 also demanded the complainant to register the land in the name of Accused No. 1 and sent the complainant to her parents house.

(e) Complainant gave birth to another daughter but none came to see her. When enquired, the parents of the complainant came to know that Accused No. 1 is working as Jail warden in Kadapa. When the father of the complainant brought the matter to his relatives on 31.03.2017, A1 to A6 will take them after two months to lead conjugal life. Since then they did not contact them over phone. Later Accused No. 1 contacted the complainant over phone and abused her in filthy language and threatened to kill.

(f) Later the complainant came to know that Accused No. 1 developed illegal contacts with another lady in Kadapa. Basing on the report of the complainant, the Sub Inspector of Police, Ongole Taluk Police Station registered a case in Cr. No. 45 of 2019 under Section 498-A read with 34 of the IPC and Sections 3 and 4 of the D.P. Act. The Sub Inspector investigated into the case, filed charge sheet after completion of investigation and Court has taken cognizance for the said offences.

4. Aggrieved by the registration of the case against them, Petitioners/Accused Nos. 2 to 6 filed the present petition on the following grounds:

(a) Respondent No. 2 herein alleged baseless allegations with regard to the harassment by the Petitioners. Admittedly Petitioners are residing in their own houses and no way concerned with allegations. Hence, harassment by the Petitioners does not arise.

(b) According to the complaint made by Respondent No. 2, it seems that the Petitioners herein alleged to have instigated the husband of Respondent No. 2 in indulging all the Acts of violence and all other activities, for which an offence under the penal law has been booked against the Petitioners herein and further Respondent No. 2 wanted to rope in all the family members by way of multiplicity of litigations by harassing the Petitioners herein and grossly misused the provisions of Indian Penal Provision.

(c) The initiation of the proceedings against the Petitioners is an abuse of process of law and it is nothing but harassment intended to be infected on the relatives of the husband and they are also no way concerne