IMPORTANT POINT
A Magistrate must provide a reasoned order when taking cognizance of offences, ensuring specific allegations are made against accused, particularly in matrimonial cases.

ORDER :

Venkata Jyothirmai Pratapa, J.

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 order of cognizance dated 21.01.2020 against them in Crl.M.P.No.1701 of 2019 in C.C.No.292 of 2017 on the file of the Court of Additional Judicial Magistrate of First Class, Peddapuram, East Godavari District for the offences punishable under Section 498-A read with 34 of the Indian Penal Code[for short ‘IPC’] and Sections 3 and 4 of the Dowry Prohibition Act[for short ‘D.P.Act’].

2. The facts leading to the filing of the Petition are;

a. Initially Police filed charge sheet only against Accused No.1, who is the husband of Respondent No.2/Complainant observing as follows:

“During course of investigation the material witnesses L.Ws.3 to 6 who are neighbours to the scene of offences at G.Ragampeta Village and Vadlamuru Village and eye witnesses to the occurrence of offence in this case and L.Ws.7 to 10 who are the elders did not state about involvement of alleged accused A.2 to A.7 who are in-laws of L.W.1 in this case.”

b. Against the same, Respondent No.2 filed a protest petition to take cognizance against the Petitioners/Accused Nos.2 to 6. Accused Nos.2 and 3 are the parents of Accused No.1 and Accused Nos.4 to 6 are the relatives of Accused Nos.1 to 3.

3. The contents of the protest petition, in brief, are as follows:

a. Marriage of the complainant took place with Accused No.1 in 2006. At the time of marriage, her parents gave dowry and observed other formalities as per the as per the demand of Accused No.1 and his family members.

b. Parents and other family members of Accused No.1 encouraged him to harass her. Accused No.1 used to beat her with hands and her head to the wall. After reconciliation before the elders, accused looked after the complainant properly for days and later, Accused No.1 beat and necked her out from the house. Other accused encouraged him and used to cause disputes between the wife and husband.

c. Complainant gave birth to a female child and then they accelerated the torture. Despite counseling for four times, Accused No.1 did not change his mentality. Accused got Ac.5.00 cents of wet land at Vadlamuru and Govindarajupalem, two houses at Vadlamuru, Ac.0.12 cents of house sites. She requested the Police to direct the accused to give a share in the properties to her daughter and to arrange amount towards maintenance of the child. Police did not take any action, as such, the complaint was filed.

d. Accused Nos.2 to 6 are behind back of Accused No.1. Hence, she intends to proceed further against Accused Nos.2 to 6.

4. Learned Magistrate examined the complainant and three others as P.Ws.1 to 4. and passed the following impugned order;

“This Petition filed by the complainant under Section 190 (A) Cr.P.C. to proceed against A2 to A6 and punish the accused according to law.

Considering the evidence of witnesses P.Ws.1 to 4 case is taken on file against Bikkina Dhanaraju, Bikkina Suryakantham, Maddipudi Mangathayaru, Bethina Durga Rani, Bethina Satyanarayana for the offence under Section 498-A IPC and Section 3 and 4 of Dowry Prohibition Act read with 34 IPC, CC 292/2017 and this case clubbed together under Section 210 Cr.P.C.”

5. Aggrieved by the said order taking cognizance, Petitioners/Accused Nos.2 to 6 filed the present petition on the following grounds:

a. Police after investigation and examining the witnesses, deleted the names of the Petitioners herein, as none of the witnesses, stated about the involvement of the Petitioners in the above crime.

b. The learned Magistrate erroneously took cognizance against the Petitioners for the alleged offences. The learned Magistrate has not assigned any reason for taking cognizance of the case against the Petitioners.

c. A bare reading of the evidence of P.Ws.1 to 4 does not disclose any ingredients of Section 498-A IPC and Sections 3 and 4 of the Act and only omnibus all