ORDER :

This Criminal Petition is filed by the petitioners-accused Nos.2 and 3 under Section 482 of the Code of Criminal Procedure for quash of the proceedings against them in C.C.No.174 of 2018 registered for the offence under Sections 498-A of the Indian Penal Code, Sections 3 and 4 of Dowry Prohibition Act on the file of VII Metropolitan Magistrate at Hayathnagar (now XXIV Metropolitan Magistrate at Hayathnagar).

2. The brief facts, as can be gathered from the record available before this Court, are as hereunder:

a) The marriage of the de-facto complainant – respondent No.2 with accused No.1 has taken place on 17.12.2014 and at the time of marriage, the parents of the de-facto complainant gave dowry i.e., 100 thulas of gold, 3½ kilograms of silver and Rs.25 lakhs of cash and also plot at Kamineni Hospital. Accused No.1 was working as Software Engineer in California, United States of America (hereinafter will be referred as “USA”).

b) On 01.02.2015 i.e., immediately after the marriage, the de-facto complainant has also joined accused No.1 and traveled to USA. After reaching USA, accused No.1 has started harassing the de-facto complainant for additional dowry and accused Nos.2 and 3 i.e. the petitioners herein were talking to accused No.1 over phone every day and encouraging accused No.1 to harass and beat her. The de-facto complainant was blessed with a daughter by name Sahasra. The father of the de-facto complainant – respondent No. 2 has visited USA in the month of April, 2016 and tried to resolve the dispute amicably. On 31.12.2016 accused No. 1 and de-facto complainant came to Hyderabad and started residing in the house of accused No.1 along with the petitioners. All the accused have started harassing the de-facto complainant for additional dowry and they used to beat her every day demanding her to execute registered sale deed of the plot in the name of accused No.1.

c) On 03.02.2017 the de-facto complainant along with her daughter have attended a marriage of her cousin at Amangal. On 07.02.2017 the de-facto complainant went to her cousin sister house at Nagarjuna Colony to take her daughter to hospital as her daughter was suffering from ill health. On the very same day at 1.30 PM, accused No.1 came to the house of the de-facto complainant and asked her to come with him for which she refused. Accused No.1 took his daughter to L.V.Prasad Eye Hospital and on knowing the same, de-facto complainant also went to the hospital along with her cousin. Accused No.1 did not allow the de-facto complainant to take care of her daughter. Later the de-facto complainant came to know that on 11.02.2017, accused No.1 has taken his daughter to USA.

d) On a complaint given by respondent No.2 - de-facto complainant, a case in Crime No.112 of 2017 was registered by Vanasthalipuram Police Station against accused Nos.1 to 3 under Sections 498-A, 363 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. Subsequently, during the course of enquiry, the Police have recorded the statements of the de-facto complainant and other witnesses. After completion of investigation, charge sheet was filed against accused Nos.1 to 3 alleging that they have committed the offence punishable under Sections 498-A, 363 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. Thereafter, the said crime No.112 of 2017 was numbered as C.C.No.174 of 2018 on the file of VII Metropolitan Magistrate at Hayathnagar.

3. Aggrieved by the proceedings in C.C.No.174 of 2018, the petitioners-accused Nos. 2 and 3 have filed the present criminal petition for quashing the same on the following grounds:

i) There are no specific allegations against the petitioners regarding demand of additional dowry and harassment and even as per the statements of the witnesses under Section 161 of the Code of Criminal Procedure, the de-facto complainant and her parents gave gold, silver and cash to de-facto complainant but not to accused Nos. 1 to 3.

ii) The ingredients of Sec