Quashing of criminal proceedings under Section 498-A IPC is warranted where allegations do not satisfy legal requirements; mere association with the accused does not constitute culpability.

JUDGMENT :

The instant petition under Section 4 82 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C'), has been filed by the petitioner/accused No.6, seeking quashment of proceedings against her in CC No.66 of 2019 on the file of the Court of Additional Judicial First Class Magistrate, Ramachandrapuram, registered for the offence punishable under Section 4 98-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. The facts of the case, as per the charge-sheet, in brief, are as follows :

(a) The marriage of LW1-Vattikuti Rajeswari, who is the daughter of respondent No.2 herein with accused No.1 was performed on 03.05.2015 and at the time of marriage, as per the demand of the accused, the parents of LW1-Vattikuti Rajeswari gave Ac.0.50 cents of land, Rs.1,50,000/- towards adapaduchu katnam, Rs.50,000/- towards marriage expenses, 5 sovereigns of gold and 8 tulas of silver anklets.

(b) After two months of the marriage, accused No.1 at the instigation of accused Nos.2 to 6, who are the mother, father, elder sister, younger sister and friend respectively of accused No.1, started harassing LW1-Vattikuti Rajeswari both physically and mentally demanding additional dowry.

(c) During the wedlock, LW1-Vattikuti Rajeswari gave birth to a male child and after delivery, she was not taken to the matrimonial home by accused No.1 by demanding additional dowry, inspite of the inability of the parents of Rajeswari to pay the same.

(d) While so, at the request of accused Nos.4 to 6, LW1-Vattikuti Rajeswari was sent to her matrimonial home on 11.06.2018 to celebrate the birthday function of the child. During the birthday function of the child on 14.06.2018 all the accused ill-treated LW1-Vattikuti Rajeswari due to which, she consumed Hit Mosquito poison on 16.06.2018 at about 07.00 a.m., and became unconscious. Accused No.1 shifted her to Sri Bheemeswara Multi Specialty Hospital, Draksharama for treatment.

(e) Having come to know about the said incident, respondent No.2, who is the mother of said Rajeswari presented a report to the Police against all the accused, which was registered as a case in Crime No.97 of 2018 on the file of Draksharama Police Station for the offence under Section 4 98-A read with 34 IPC and Sections 3 and 4 of DP Act. Police, after completion of investigation, filed charge-sheet which was numbered as CC No.66 of 2019 on the file of the Court of Additional Judicial First Class, Magistrate, Ramachandrapuram for the said offence against accused Nos.1 to 6.

Grounds Sought for quashment :

3. Aggrieved by the registration of the said case, the present petition is filed by petitioner/accused No.6 to quash the proceedings against her in the above CC on the following grounds :

(i) There is no truth in the allegations made in the report and the Police without conducting investigation filed charge-sheet mechanically and the learned Magistrate had taken the same on file. The allegations made in the report are untrue and incorrect.

(ii) The learned Magistrate has committed grave error in taking cognizance of the offence against the petitioner though the ingredients are not satisfied.

(iii) The petitioner is not a family member of accused No.1 and she will not fit into the said Sections of Law. The petitioner/accused No.6 has been residing alongwith her husband at Nellore and she is falsely implicated in the case.

Arguments Advanced at the Bar

4. Heard Sri N. Siva Reddy, learned Counsel for the petitioner and Ms. D. Prasanna Lakshmi learned Assistant Pub