In dowry-related cases, lack of specific allegations against distant relatives can warrant quashing of proceedings to prevent misuse of legal processes.

ORDER :

VENKATA JYOTHIRMAI PRATAPA, J.

The instant petition under Section 4 82 of Code of Criminal Procedure, 1973[in short ‘Cr.P.C’] has been filed, by the petitioners/Accused Nos.2 to 5, seeking quashment of proceedings against them in C.C.No.710 of 2019 on the file of the Court of Judicial Magistrate of First Class, Gajapathinagaram which was registered for the offence punishable under Section 4 98-A of the INDIAN PENAL CODE , 1860[in short, ‘I.P.C.’] and Sections 3 and 4 of the Dowry Prohibition Act,1961[in short, ‘D.P.Act’].

2. Petitioners herein are Accused Nos.2 to 5 in the above C.C and Petitioners 1 to 3 are the parents-in-law and sister-in-law of Respondent No.2/de facto complainant and Petitioner No.4 is the husband of Petitioner No.3.

3. Brief facts of the case are as follows:

a. Marriage of Respondent No.2/de facto complainant with Accused No.1 had taken place on 21.11.2007 at Vizianagaram. At the time of marriage, parents of the de facto complainant gave Rs.10 lakhs as dowry apart from presenting other gold ornaments and silver articles and observed all the formalities by presenting Rs.5 lakhs to Accused No.4, who is the sister of Accused No.1. As demanded by the accused, the father of the de facto complainant agreed to give Ac.5.00 cents of land, which he could not give at the time of marriage. Accused No.1 was working at Delhi. Accused No.1 left for America in March, 2009 for employment, when she was pregnant. They were blessed with a female child on 20.04.2009. Despite best efforts made by her parents to send the de facto complainant along with new born child to the matrimonial house, Accused No.1 and his family members used to abuse them. However, Accused No.1 took the de facto complainant and their child to USA in February, 2010. The family members of Accused No.1 kept all the gold ornaments except pustelathadu and four bangles of the de facto complainant with them while she was leaving for America. She was harassed by her husband mentally and physically during her stay at America. She became pregnant for second time. Parents of the de facto complainant came to America relating to her delivery. In their presence also Accused No.1 used to harass her by using abusive language.

b. The couple blessed with second daughter on 08.11.2011 at America. Thereafter, the harassment of the husband and in-laws of the de facto complainant was enhanced. Her parents presented 10 tulas of gold to her two daughters. Accused No.1 demanded 20 tulas of gold and Rs.10 lakhs to attend Shasti Poorth Mahotsavam of her father. Her father could give 10 tulas of gold and cash of Rs.5 lakhs. Later, Accused No.1 continued his harassment both mentally and physically by having an objectionable relation with a woman. Her father got registered a house site of 484 yards. She reported the matter to the Police at America. Then Accused No.1 approached the Women Shelter and assured that he will look after them well and took them back. Thereafter, Accused No.1 in conspiracy with the other accused sent back the de facto complainant to India on 14.02.2017.

c. On that conspiracy, Petitioners/Accused Nos.2 to 5 obtained her signatures for selling the Villa at America by her husband and only then Accused No.1 can come back to India. Later, Accused No.1 came to India in May and again left for USA by taking passports of herself and her children in July. He sold away the Village at USA for Rs.3 crores. Inspite of several mails sent, Accused No.1 did not respond. Accused No.1 did not respond even for renewal of passports.

d. While so, Accused No.1 filed a petition for divorce before Family Court at Visakhapatnam, which was dismissed for non-prosecution. Petitioners/Accused Nos.2 to 5 demanded the de facto complainant to bring Rs.1 crore as an additional dowry. The de facto complainant along with her parents and children wanted to go to the house of her in-laws. In anticipation of the same, all the accused left the house by locking the doors on 09.10.2019. Then the