ORDER :

Kunuru Lakshman, J.

1. The present Criminal Petition is filed under Section-482 of the Code of Criminal Procedure, 1973, to quash the proceedings against the petitioners in Crime No. 24 of 2021 of Sujathanagar Police Station, Bhadradri - Kothagudem District.

2. The petitioners herein are accused Nos. 1 to 5 in the said crime. The offences alleged against them are under Sections - 143, 148, 323 and 326 read with 149 of IPC.

3. Heard Mr. Shaik Madar, learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No. 1 - State. Despite service of notice, none appears on behalf of respondent No. 2.

4. Originally respondent No. 2 filed a complaint under Section -200 of Cr.P.C. before the learned III Additional Judicial Magistrate of First Class, Kothagudem, against the petitioners herein, and the learned Magistrate has referred it to the police under Section - 156 (3) of Cr.P.C. for investigation. Accordingly, the police registered the aforesaid crime.

5. As per the complaint lodged with the Magistrate, the case of respondent No. 2, brother of LW.2, is as under:

(i) Petitioner No. 1 is the legally wedded husband of her sister, LW.2. Petitioner Nos. 2 and 3 are her in-laws, petitioner No. 4 is her sister-in-law and petitioner No. 5 is relative of the petitioners.

(ii) The marriage of petitioner No. 1 with LW.2 was solemnized as per their caste customers. At the time of marriage, petitioner Nos. 1 to 4 and their family members, parents of respondent No. 1 gave cash of Rs. 8,80,000/-, 25 tulas of gold and house-hold articles worth of Rs. 5,00,000/- as dowry. They blessed with three children.

(iii) After marriage, the petitioners started harassing LW.2 for want of additional dowry of Rs. 20,00,000/-, and her parents used to adjust the amount to the petitioners, and thereafter they started to harass her, both physically and mentally demanding additional dowry.

(iv) On coming to know that the petitioner No. 1 contracted second marriage with one S.K. Fathima, LW.2 questioned him, for which also petitioners started harassing her and finally necked her out of their house. Then, LW.2 gave a report which was registered as Crime No. 7 of 2019 by the Women Police Station, Khammam, for the offences under Sections - 498A and 506 of IPC and Sections - 3 and 4 of the Dowry Prohibition Act, 1961, and was residing at her parents' house.

(v) At that time, petitioner No. 1 convinced her that he would settle the matter if she sends their children with him to Hyderabad. Believing the same, she sent the children with petitioner No. 1, who went to Vizag along with children without any intimation to LW.2.

(vi) On 11.08.2019 at 4.00 p.m., LW.2 along with respondent No. 2 and their relatives went to Sujathanagar and requested petitioner No. 1 to send the children. In the said context, all the petitioners formed themselves into an unlawful assembly and quarreled with respondent No. 2, his sister, LW.2 and their relatives and beat them with stick etc., for lodging the aforesaid report with police, and even they threatened them with dire consequences. In the said quarrel, respondent No. 2 and LW.2 received grievous injuries. Though, he lodged a report with police, Sujathanagar, no action has been taken. On the other hand, accused No. 3 got foisted a case against respondent No. 2 and others. Even respondent No. 1 gave a report to the Superintendent of Police, Bhadradri - Kothagudem through registered post on 13.02.2020, but there was no response. Hence, he has filed the complaint with the Magistrate for referring the complaint to the police for investigation.

6. Mr. Shaik Madar, learned counsel for the petitioners would submit that the petitioners are innocent of the offences alleged against them. They never committed any offence, much less the alleged offences, and on the other hand, they were implicated in the above crime.

(i) Learned counsel would further submit that LW.2 was non-cooperative and adamant. Due to her ada