The court held that unsubstantiated allegations of cruelty do not meet legal definitions under IPC, necessitating dismissal of proceedings if foundational claims lack credible evidence.

ORDER :

K.SURENDER, J.

The writ petition is filed for a Mandamus declaring the FIR No.18 of 2018 on the file of SHO, Women Police Station, Begumpet, Hyderabad, charge sheet dated 30.05.2018 in CC.No.186 of 2018 on the file of XV Addl.Chief Metropolitan Magistrate Court, Nampally, Hyderabad, and the Look-out circular dated 04.06.2018 issued by the Union of India, Ministry of Home Affairs, Bureau of Immigration, New Delhi, against the 1st petitioner, at the instance of Respondent No. 3 (DCP, North Zone, Hyderabad), as illegal and abuse of process of Criminal Law and to quash the same.

2. Petitioners Nos. 1 to 3 have been arrayed as Accused Nos. 1 to 3 in CC No. 186 of 2018. Petitioner No. 1 is the husband of defacto complainant/Respondent No. 4, while Petitioners Nos. 2 and 3 are his father and mother, respectively.

3. A look-out circular dated 04.06.2018 was issued against Petitioner No. 1. However, this Court, vide an order dated 01.02.2019 in IA No. 1 of 2019 in W.P. No. 1905 of 2019, granted a stay on his arrest for one month. Following this, Petitioner No. 1 travelled from the USA to India and filed Criminal Petition No. 478/2019 in CC No. 186 of 2018, seeking the recall of the Non- Bailable Warrant (NBW) issued against him. This Court, vide an order dated 22.02.2019, allowed the petition and recalled the NBW issued against Accused No. 1/Petitioner No. 1. Consequently, the look-out circular issued by Women Police Station, Begumpet, was recalled by the Inspector of Police, Women Police Station, on 23.02.2019.

4. The complaint dated 05.12.2017, lodged by respondent no. 4, served as the basis for registering the FIR under Sections 498-A and 506 of the IPC. The contents of the complaint are extracted below:

“I Soumya, age 32 years, I married 11 years back with Mr. B Srikanth. I am staying in USA with my husband B. Srikanth. We have two children. Ishwarya 9 years, Anriudh 5 years. My in-laws 7-months back shifted to India and brought us. Not allowing to talk with my husband. Doing harassment here at home. They are making me to work at home by removing workers.

Big current wires are open and cement plastering work is going on and made me to water with sponge for curing on that. If I get current shock who is responsible? They have taken my cell phone and deleted all numbers. Not allowing to talk with my father and his side. Every day at home both of them scolding me as they like. They have taken out my passport and my children’s passports too. If I go to their home, they close the door on my face and told not to come. A month ago, my husband came to India for a month and left without telling me. In-laws did not allow me to talk with my husband and obstructed and disturbed. Scolding me saying that I am not required. 5 to 6 times they organised meetings with our society members and said Soumya will be sent to USA but they did not send. In front of 25 soci