In domestic violence cases, specific allegations against each accused are essential; generalizations without evidence cannot sustain prosecution.

ORDER :

This Criminal Petition is filed by the petitioners-accused Nos.2 to 4 seeking to quash the criminal proceedings pending against them in C.C.No.157 of 2022 on the file of the learned Junior Civil Judge at Parigi. The offences alleged against the petitioners are under Sections 498A of the Indian Penal Code (for short ‘ IPC ’) and Sections 3 and 4 of the Dowry Prohibition Act (for short ‘the Act’).

02. Heard Sri P. Nagendra Reddy, learned counsel for the petitioners and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State-respondent No.1 as well as Sri B. Ramulu, learned counsel for the unofficial respondent No.2. Perused the record.

03. In brief, the case of the prosecution is that the marriage between the accused No.1 and the respondent No.2 was solemnized on 19.08.2021, and they lived happily for 20 days. Thereafter, she was subjected to mental and physical harassment for the purpose of additional dowry by the accused No.1 and the same was instigated by the accused Nos.2 to 4. It is further alleged that a panchayat was convened by the elders, during which the accused persons were admonished; however, there was no change in their conduct. The accused Nos.1 to 4 beat the respondent No.2 and she was necked out of the house. Thereby, she lodged the present complaint against the accused persons.

04. Learned counsel for the petitioners submitted that the petitioners-accused Nos.2 to 4 have no involvement whatsoever in the alleged offences and never subjected the respondent No.2 to any form of harassment. It is submitted that the petitioners-accused Nos.2 and 3 are the mother-in- law and sister-in-law of the respondent No.2 and the petitioner-accused No.4 is the husband of the accused No.3. The petitioners-accused Nos.2 to 4 are living separately from the accused No.1 and the respondent No.2 and never interfered in the matrimonial affairs between the respondent No.2 and the accused No.1. The petitioners has neither demanded dowry from the respondent No.2 nor from her parents at any point of time. It is also submitted that the accused No.1 and the respondent No.2 entered into a Memorandum of Understanding dated 03.06.2022 wherein the respondent No.2 agreed to withdraw the criminal and civil cases. It is further contended that there are no specific or direct allegations made against the petitioners in the charge sheet. The contents of the same do not disclose the essential ingredients necessary to constitute offences under Section 498A of IPC and Sections 3 and 4 of the Act. Hence, he prayed to quash the proceedings against the petitioners-accused.

05. Learned Additional Public Prosecutor for the State-respondent No.1 as well as the learned counsel for the unofficial respondent No.2 submitted that there are specific allegations against the petitioners and the truth or otherwise would come out only after conducting trial by the concerned Court and prayed to dismiss the Criminal Petition.

06. A perusal of the entire record reveals that, after their marriage in the year 2021, the accused No.1 and the respondent No.2 led happy marital life for a period of 20 days. Thereafter, it is alleged that the accused No.1 with the instigation of the other accused subjected the respondent No.2 to physical and mental harassment for additional dowry. The petitioner-accused No.2 is the mother of the accused No.1, who is aged about 60 years. The petitioner-accused No.3 is the married sister of the accused No.1; the petitioner- accused No.4 is the husband of the accused No.3. It is further apparent from the record that the present case was registered on 17.02.2022, and that subsequently, the accused No.1 and the respondent No.2 entered into a Memorandum of Understanding dated 03.06.2022, wherein the respondent No.2 agreed to