Vague allegations against family members of an accused do not justify criminal proceedings; specific allegations are required to maintain charges under relevant laws.

ORDER :

(Sujana Kalasikam, J.)

1. This Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos. 2 to 6 in C.C. No.757 of 2022 on the file of the learned II Additional Judicial Magistrate of First Class, Huzurabad, registered for the offences punishable under Section 498-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 'the Act').

2. The brief facts of the case are that respondent No. 2/de facto complainant lodged a complaint before the Police, Jammikunta Police Station, Karimnagar District stating that her marriage with accused No. 1 was solemnized on 03.06.2021. At the time of marriage, family members of accused No. 1 demanded Rs.10 lakhs net cash, 26 thulas of gold and other house hold articles. After second day of marriage, accused No. 1 did not move closely with respondent No. 2 and behaved rudely. Later, accused No. 1 started suspecting her, abusing her in filthy language and beating her. Later, the same was informed by respondent No. 2 to her mother-in-law and father-in-law, but they supported accused No. 1 and told that he is Sub-Inspector of Police and she should tolerate the torture and also abused her. Sister-in-law of respondent No. 2 and her husband also supported accused No. 1 and harassed her physically and mentally. Brother of accused No. 1 was also supported her in-laws and harassed her. Thereafter, the petitioners demanded to respondent No. 2 to ask her parents to register a plot in the name of accused No. 1.

3. Basing on the said complaint, the Police registered a case in Crime No. 198 of 2022 for the offences punishable under Sections 498-A read with 34 of the IPC and Sections 3 and 4 of the Act and after completion of investigation, they filed charge sheet vide C.C. No.757 of 2022 on the file of the learned II Additional Judicial Magistrate of First Class, Huzurabad.

4. Heard Sri Allam Nagaraju, learned counsel appearing on behalf of the petitioners as well as Sri S. Ganesh, learned Assistant Public Prosecutor appearing on behalf of respondent No. 1- State. Though notice was served upon respondent No. 2, none appeared on her behalf.

5. Learned counsel for the petitioners submitted that the petitioners were wrongly implicated in the said case and the allegations leveled against them, prima facie, do not constitute any offence as alleged in the complaint. He further submitted that respondent No. 2 and other witnesses have given similar statements without attributing to any specific role of the petitioners and it is pertinent to note that without attributing any specific role against the petitioners, the alleged offences are not maintainable in the eye of law.

6. Learned counsel for the petitioners further submitted that the petitioners never interfered in the matrimonial disputes between accused No. 1 and respondent No. 2. Police filed the charge sheet without verifying the matter and there are no specific allegations against the petitioners except stating that they supported accused No. 1.

7. Learned counsel for the petitioners further submitted that accused No. 1 filed a petition, vide H.M.O.P. No.118 of 2022, under Section 21-B of the Hindu Marriage Act, seeking restitution of conjugal rights before the Additional Senior Civil Judge-cum-Assistant Sessions Judge, Mancherial and the same was allowed but respondent No. 2 did not join the conjugal life with accused No. 1. Therefore, he prayed the Court to quash the proceedings against the petitioners.

8. In support of his submission, learned counsel for the petitioners relied upon the judgment of the Hon'ble Supreme Court in Neelu Chopra and another vs. Bharathi, (2009) 10 SCC 184, wherein it is held as under:

"in order to lodge a proper complaint mere mentioned of the section and language of the sections is not the be all and end all of the matter. What is required to be brought to