Inherent powers of the High Court under Section 482 Cr.P.C. allow for the quashment of proceedings to prevent abuse of process, contingent on the existence of specific allegations for proceeding against the accused.

JUDGMENT /ORDER :

The instant petition under Section 4 82 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C'), has been filed by the petitioners/accused Nos.1 to 3, seeking quashment of proceedings against them in CC No.229 of 2019 on the file of the Court of Judicial Magistrate of First Class, Koilkuntla, Kurnool District, registered for the offences punishable under Sections 4 98-A, 506 and 509 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. Petitioner No.1/accused No.1 is the husband. Petitioner No.2/accused No.2 is the mother-in-law and petitioner No.3/accused No.3 is the sister-in-law of respondent No.2/complainant.

3. The case of the prosecution, in brief, is as follows :

(a) The marriage of respondent No.2 with accused No.1 was performed on 21.08.2014.

(b) At the time of marriage, the parents of respondent No.2 gave Rs.6.00 lakhs towards dowry, dahez articles worth Rs.2.00 lakhs and also presented 20 tulas of gold to the accused.

(c) They both lived at Allagadda Town alongwith accused Nos.2 and 3 as the husband of accused No.3 was working in Army.

(d) During wedlock, respondent No.2 gave birth to a male child.

(e) Petitioners/accused Nos.1 to 3 used to demand respondent No.2 to bring additional dowry, otherwise, they would perform another marriage to accused No.1.

(f) Thereafter, petitioners/accused Nos.1 to 3 started harassing respondent No.2 and used to beat her, threatened with dire consequences and sent her to her parental home.

(g) The Panchayat held by the parents of respondent No.2 to settle the disputes, proved futile.

(h) On 07.12.2019 while respondent No.2 was at her parental home in Kristipadu Village, petitioners/accused Nos.1 to 3 went there, beat her with hands and kicked her with legs and also threatened with dire consequences.

(i) Having no other go, respondent No.2/complainant lodged private complaint before the Court of Judicial Magistrate of First Class, Koilkuntla, Kurnool District, for the offences punishable under Sections 4 98-A, 506 and 509 read with 34 PC and Sections 3 and 4 of the Dowry Prohibition Act, which was numbered as CC No.229 of 2019.

Grounds for quashment :

4. Aggrieved by the registration of the said case, the present petition is filed by petitioners/accused Nos.1 to 3 to quash the proceedings against them in the above CC on the following grounds :

(i) The complainant has not filed the affidavit in support of her private complaint, which is mandatory as per the ratio laid down by the Hon'ble Apex Court in Priyanka Srivastava and another v. State of Uttar Pradesh, (2015) 6 SCC 287.

(ii) The allegations mentioned in the complaint as well as the charge-sheet, do not make out any offence against the petitioners and there are no allegations which would constitute the alleged offences against the petitioners.

(iii) The allegations levelled against the petitioners are bald and omnibus.

Arguments Advanced at the Bar

5. Heard Sri K. Chetan, learned Counsel representing Sri B. Dhanumjaya, learned Counsel for the petitioners, Ms. D. Prasanna Lakshmi, learned Assistant Public Prosecutor for State/respondent No.1 and Sri Sohail Shareef, learned Counsel representing Sri Syed Kaleemulla, learned Counsel for respondent No.2.

6. Learned Counsel for the petitioners would submit that the marriage of petitioner No.1 with respondent No.2 had taken place on 21.08.2014 and the coupled was blessed with a male child. Learned Counsel would submit that, except the trivial family disputes, nothing is alleged against the petitioners. It i