IMPORTANT POINT
Vague allegations against family members in matrimonial disputes do not justify trial; specific roles must be established for each accused.

ORDER :

Venkata Jyothirmai Pratapa, J.

The instant petition under Section 482 of Code of Criminal Procedure, 1973 [in short ‘Cr.P.C’] has been filed, by the Petitioners/Accused Nos.1 to 3, seeking quashment of proceedings against them in S.C.No.47 of 2018 on the file of Special Court for SC & ST Cases, Ananthapuramu, registered for the offences punishable under Sections 498-A and 506 of the Indian Penal Code, 1860[in short ‘I.P.C.’], Sections 3 and 4 of the Dowry Prohibition Act,1961 [in short ‘D.P.Act’] and Sections 3(1)(r) and (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [in short ‘SC & ST Act’].

2. Petitioner No.1 herein is the husband of Respondent No.1/Complainant. Petitioner Nos.2 and 3 are the parents of Petitioner No.1.

3. Brief facts of the case are as follows:

a. Respondent No.1/Complainant and Petitioner/Accused No.1 used to work in “Siriyam Animations” at Ramoji Film City. When Accused No.1 expressed his love towards the Complainant, she refused the same stating that she had family problems and she belongs to SC (Madiga) Community. Accused No.1 used to threaten the Complainant that he would die, if she rejects him. Finally on the assurance of Accused No.1 that he will convince his parents, Complainant informed the same to her parents.

b. The parents of the Complainant after negotiations with Accused Nos.2 and 3 agreed for the marriage. Accused Nos.2 and 3 demanded Rs.10 lakhs cash, 25 tulas of gold towards dowry and they also demanded Rs.6 lakhs to perform reception function at Bangalore, for which the parents of Complainant agreed to pay Rs.4 lakhs. As per the demand of the accused, parents of the Complainant performed the marriage on 11.02.2015 at Ananthapuramu by spending an amount of Rs.4 lakhs by presenting dowry of Rs.4 lakhs.

c. After marriage, both Accused No.1 and the Complainant put up their family at Hyderabad and since then Accused No.1 started harassing her without even providing food. Accused No.1 with the support of Accused Nos.2 and 3 used to demand additional dowry of Rs.3 lakhs.

d. At the intervention of elders, the matter was settled and the parents of the Complainant had given an amount of Rs.1.3 lakhs towards additional dowry to the accused. Being dissatisfied with the same, Accused Nos.1 to 3 continued their harassment towards the Complainant and used to abuse her by touching her caste. When the Complainant went to her parental home on 31.12.2015 for Vadibiyyam ceremony, Accused No.1 came in drunken state, picked up quarrel with the Complainant and her parents in abusive language.

e. On 10.03.2016, as Accused No.1 has got job in Mumbai, he went to Mumbai stating that he will take her after securing a house in Mumbai and had taken all the utensils and the gold ornaments presented by her parents and sold away the same. Though the Complainant tried to contact him over phone, he did not respond. Accused Nos.2 and 3 also did not allow her into their house.

f. As such, she lodged a complaint with the Police which was registered as a case in Crime No.2 of 2017 of Mahila Police Station, Anantapuramu for the offences under Sections 498-A and 506 read with 34 IPC and Section 3(1)(x) of SCST Act.

g. After due investigation, the Police filed charge sheet against Accused Nos.1 to 3 for the offences punishable under Sections 498-A and 506 IPC, Sections 3 and 4 of D.P.Act and Section 3(1)(r)(s) of SCST Act and the same was numbered as S.C.No.47 of 2018 on the file of Special Court for SC & ST Cases, Ananthapuramu.

4. The said case is sought to be quashed by Petitioners/Accused Nos.1 to 3 on the following grounds.

a. The allegations mentioned in the case do not constitute the alleged offences.

b. Petitioner Nos.2 and 3 never resided with the Complainant and her husband.

c. Accused No.1 is the victim of the cruelty in the hands of the Complainant and on that ground he was granted divorce by an Order dated 16.04.2019 in F.C.O.P.No.2049 of 2016 by the Judge, Family Court, Ranga Reddy Distr