The court must assess the specificity of allegations in matrimonial disputes to prevent misuse of law against family members without evidence.

ORDER :

JUVVADI SRIDEVI, J.

This Criminal Petition is filed by the petitioners-accused Nos.1 to 9 seeking to quash the proceedings against them in C.C.No.791 of 2022 on the file of the learned II Additional Junior Civil Judge-cum-IX Additional Judicial Magistrate of First Class at Medchal. The offences alleged against the petitioners are under Sections 498-A, 420, 504 of the Indian Penal Code (for short ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act (for short ‘the Act’).

02. Heard Ms.Meghana Addla Suneel, learned counsel for the petitioners-accused and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State. Even after service of notice, none appeared on behalf of the respondent No.2. Perused the record.

03(a). In brief, the case of the prosecution is that, in the year 2013, the petitioner-accused No.1 was introduced to the respondent No.2 through common friends and represented that he was working as an Interior Designer with “Figure-3 Company”, Madhapur. In December 2013, the respondent No.2 commenced an interior designing enterprise under the name “Esha Interior Company”, operating from her residence, and thereafter engaged the petitioner-accused No.1 as an employee, entrusting him with site-supervision duties and access to the company’s bank accounts for net- banking operations. During 2014, the firm secured several projects, and for business purposes the respondent No.2 purchased a Verna car. In the course of their association, the petitioner-accused No.1 developed a close relationship with the respondent No.2, and both of them frequently moved together. In 2015, the petitioner-accused No.1 purchased a sports bike worth Rs.16,00,000/-, purportedly for business expansion, and on 19.08.2018 they established an office at Kaveri Hills, Madhapur.

03(b). In 2021, when the respondent No.2 received a marriage proposal from a person residing in Australia, the petitioner-accused No.1 persuaded her to decline the proposal, proposing his love and intention to marry her. It is alleged that he thereafter changed his name to “Abhiram”, converted to Hinduism, and their marriage was performed on 27.10.2021 at Western Mindspace, Raheja IT Park, with the consent of both families. At the time of marriage, it is alleged that the parents of the respondent No.2 paid 1½ kg of gold and Rs.20,00,000/- as dowry pursuant to the demands of the petitioner-accused No.1 and his family members. After marriage, the petitioner-accused No.1 represented that the respondent No.2 should take rest and that he would manage the business; believing the same, she handed over the control and management of the firm to him.

03(c). In November 2022, the respondent No.2 noticed a tattoo on the hand of the petitioner-accused No.1 bearing the name “Ifra Hasan” i.e. the petitioner-accused No.8. On being questioned, he stated that it was the name of his grandmother, and the petitioners-accused Nos.2 to 7 supported his explanation. Subsequently, the respondent No.2 came to know that the petitioner-accused No.1 had been maintaining an intimate relationship with the petitioner- accused No.8 prior to and even after marriage. She visited the residence of the petitioner-accused No.8, met her and her mother i.e. the petitioner-accused No.9, and warned them to discontinue the relationship. When confronted, the petitioner-accused No.1 allegedly began harassing the respondent No.2 and insisted on divorce. On 13.12.2021, when certain gifts addressed to the petitioner-accused No.1 from the petitioner-accused No.8 were found, he is alleged to have assaulted the respondent No.2 by slapping her, while the petitioners-accused Nos.2 to 7 abused and harassed her, demanded her conversion to Islam, and compelled her to agree for divorce.

03(d). It is further alleged that, on 24.12.2021, the petitioner-accused No.1 left the ma