ORDER :

Juvvadi Sridevi, J.

This Criminal Petition is filed by the petitioner-accused No.1 to quash the proceedings against him in C.C.No.5070 of 2022 on the file of the learned XIII Additional Chief Metropolitan Magistrate, Hyderabad (for short ‘the learned trial Court’). The offences alleged against the petitioner are under Sections 4 98-A, 406 of the Indian Penal Code (for short ‘ IPC ’) and Sections 4 and 6 of Dowry Prohibition Act (for short ‘the Act’).

2. Heard Sri T.Pradyumna Kumar Reddy, learned Senior Counsel representing Sri T.S.Anirudh Reddy, learned counsel for the petitioner, Sri Sriram Polali, learned counsel for the respondent No.2 and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor for the State. Perused the record.

3(a). The brief facts of the case are that basing on the complaint made by the respondent No.2, who is the father of wife of the petitioner-accused No.1, a case was registered for the alleged offences punishable under Sections 4 06 and 498-A of IPC and Sections 4 and 6 of the Act vide Crime No.730 of 2021, dated 25.09.2021 and consequently a charge sheet, dated 22.09.2023 was filed which was taken cognizance and was numbered as C.C.No.5070 of 2022 on the file of the learned trial Court.

3(b). The contents of the charge sheet would disclose that the marriage of the petitioner-accused No.1 and the daughter of the respondent No.2 solemnized on 21.04.2016 at Naren Gardens, Miyapur and at the time of marriage Rs.1.50 crores of cash and 156 tulas of gold was given as dowry. After marriage, the daughter of the respondent No.2 went to Washington D.C. along with the petitioner-accused No.1 and after some days, the petitioner-accused No.1 started harassing her both mentally and physically and treating like a slave. It is further alleged that the petitioner- accused No.1 used to forward all the phone recordings to the accused No.3, who in turn instigated the petitioner-accused No.1 to harass her. Thereafter, she got pregnant and the petitioner-accused No.1 insisted for abortion. On 25.07.2019, she gave birth to a baby girl and on 17.11.2019 she returned to India along with the baby and the accused No.1 never bothered to see her. It is further alleged that the accused No.1 misappropriated the entire dowry amount and also harassed her for additional dowry.

4(a). Learned Senior Counsel appearing for the petitioner-accused No.1 submitted that the petitioner- accused No.1 is innocent of the alleged offences. The daughter of the respondent No.2 and the petitioner-accused No.1 moved to United States of America on 07.05.2016 and later, when she came to India to write GRE-Toefl exam, she stayed at her parent’s house. It is further contended that even statement of LW-6 i.e., the daughter of respondent No.2 was recorded through WhatsApp call and that the accused No.1 and LW-6 were residing in United Sates of America and only respondent No.2 is pursuing the present case.

4(b). It is further contended that the allegations made by the respondent No.2 are only hear-say and he had no personal knowledge about the incidents. Furthermore, at the time of marriage of the brother of the petitioner-accused No.1, which took place on 15.06.2019, the respondent No.2 and his family members also attended the marriage and reception, which was held on 17.06.2019. The said fact establishes that there were no ill feelings between the two families. It is further contended that if at all there were any issues, they would not have attended and participated in the functions and the daughter of the respondent No.2 did not attend the functions as she was in advanced stage of pregnancy.

4(c). It is further contended that the petitioner-accused No.1 filed a petition for divorce before the Circuit Court, Howard County, Maryland and the said Court vide order, dated 03.01.2023 granted absolute divorce and permanent custody of minor child was given to the daughter of the respondent No.2. Further, the petitioner-accused No.1 was directed to p