IMPORTANT POINTS
(1) Exercise of inherent jurisdiction – Court while sitting in Section 482 jurisdiction is not functioning as a trial court, court of appeal or a court of revision – It must exercise its powers to do real and substantial justice.
(2) Empty threats do not mean that case under Section 506 IPC is made out.

ORDER

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 proceedings against them in C.C.No.56 of 2021 on the file of the Court of II Additional Judicial Magistrate of First Class, Eluru, registered for the offence punishable under Sections 498-A and 506 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 mentioned in the complaint, in brief, are as follows:

a) The marriage of Respondent No.2 herein was performed with Accused No.1 on 29.05.2002 at Eluru and at the time of marriage, the Accused were given dowry of Rs.5 lakhs and 120 sovereigns of gold towards dowry and other lanchanams.

b) Out of wedlock, they were blessed with a female and a male child. Subsequently, Accused No.1 used to subject her to physical and mental cruelty by demanding additional dowry.

c) From the year 2015, Accused No.1 used to come to the house once in a month and whenever he came to the house, he used to abuse and beat her indiscriminately.

d) He used to roam with Petitioner/Accused No.2 and when Respondent No.2 questioned him about the same, he stated that he married her and he used to stay with Petitioner/Accused No.2. When Respondent No.2 along with her brother and elders went to the house of Petitioner/Accused No.2 for Accused No.1, Petitioners/Accused Nos.2 and 3 used to abuse her in filthy language and threatened to kill her stating that Accused No.1 is the husband of Petitioner/Accused No.2.

e) Whenever Respondent No.2 along with elders went to the house of Petitioner/Accused No.2, all the Petitioners herein along with Accused No.1 tried to kill her and her children.

f) Based on the complaint lodged by Respondent, a case in Crime No.74 of 2020 on the file of Women Police Station, West Godavari has been registered for the offence under Sections 498-A and 506 read with 34 IPC and Sections 3 and 4 of DP Act against all the Accused and the Police after completion of investigation, filed charge sheet against Accused Nos.1 and 2 for the said offences stating that there are no accusations against Petitioners/Accused Nos.3 to 6. However, the learned Magistrate had taken cognizance against all the Accused.

Grounds sought for quashment:

3. Aggrieved by the registration of the said case, the present petition is filed by Petitioners/Accused Nos.2 to 6 to quash the proceedings against them in the above C.C on the following grounds:

a) Petitioners have not committed any offence much less the alleged offence.

b) Petitioners are neither the family members nor the relatives of Accused No.1 and Respondent No.2.

c) The present complaint has been filed against Accused No.1 and also the Petitioners with false, frivolous and vexatious attributions.

d) As there is no evidence to prove the case against Accused Nos.3 to 6, the investigating officer excluded / deleted the names of the Petitioners herein from the charge sheet.

e) The Petitioners are no way concerned with the lives of either Accused No.1 or Respondent No.2.

Arguments Advanced at the Bar

4. Heard Sri Bilal Ahmed Syed, learned counsel for the Petitioners and Ms.D.Prasanna Lakshmi learned Assistant Public Prosecutor for State/Respondent No.1. Despite service of notice, none appeared for Respondent No.2.

5. Learned counsel for the Petitioners would submit that the Petitioners are Accused Nos.2 to 6, who are no way related to Accused No.1 and Respondent No.2. Learned counsel would submit that there are no specific allegations against the Petitioners in the commission of the alleged offence. The Investigating Officer, after investigation, deleted the names of Petitioners/Accused Nos.3 to 6 as there are no accusations against them, but the learned Magistrate erroneously had taken cognizance against all the Petitioners. The present case has been lodged by