The court confirmed that allegations under IPC Sections 498-A, 406, and 506, as well as the Dowry Prohibition Act, warrant trial, emphasizing that quashing of proceedings should be rare and evidence should be tested during trial.

ORDER :

NAGESH BHEEMAPAKA, J.

Petitioners/Accused Nos. 2 and 3 in C.C.No. 3634 of 2024 on the file ofi the XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad are parents of Accused no.1. It is stated, due to disputes, Accused No.1 and his wife i.e. Respondent No.2 are living separately since 14-11-2022. When Accused No.1 filed FCOP No. 153 of 2023 for dissolution of marriage before the II Additional Family Judge, City Civil Courts, Hyderabad, Respondent No.2 lodged a false complaint not only against Accused No.1 but also against petitioners and other family members for the offences punishable under Sections 498 -A, 406 and 506 IPC . and Sections 3 and 4 of DP Act, wherein charge sheet was filed against Accused 1 to 3 and dropped the case against Accused 4 to 7. The prosecution while dropping the case against A4 to A7, stated that "During the course of investigation also same facts revealed and the allegations of harassment against A4 to 7 are not proved in the investigation." Even the case against these petitioners stand on the same footing and the police would have dropped the case against them also. It is pertinent to mention here that during investigation except recording the statements of LWs, who are family members of Respondent no.2 and colleting proofs of marriage, the police have done nothing. Therefore, they seek to quash the case in C.C. No. 3634 of 2024, on the file of XIII Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad.

1.1. According to petitioners, the charge sheet read as a whole, does not disclose commission of any offence, much less the offences complained of by Respondent No.2 against Petitioners herein; they have been falsely implicated in the case as the allegations in the complaint and the charge sheet do not attract offences alleged by the prosecution. It is stated, petitioners are suffering from age-related ailments, specifically Petitioner no.2 is suffering from cardiac issues.

2. In the counter filed by Respondent No.2, it is stated, on the demand of the Accused, her parents gave gold and silver articles, apart from other articles at the time of marriage and performed the marriage at a grand level. Accused No. 1 was selected as a constable and thereafter, accused started harassing her for more dowry. It is stated, Respondent No.2 delivered a boy and as per the demand of Accused, her parents gave gold ornaments of 7 tulas, silver and other articles, however, petitioner No.2 beat her black and blue as gold necklace was not presented. Petitioners used to say that as Accused No. 1 got a government job, they would get more dowry.

2.1. It is stated, Respondent No.2 became pregnant for the second time, at the time of delivery, she was not taken to hospital and midwife was brought who informed that she be taken to the hospital immediately; her father came and took her to C.C. Sharoof Hospital, Kacheguda where petitioner No.2 created a big scene and abused her. She delivered second son on 21-11-2019 and the child was not doing well, doctors suggested therapy and exercises, but Accused opposed, so Respondent No.2’s father took her and child to their home and got treatment at Uttage Physical Therapy Centre, however, Accused No. 1 did not allow the completion of treatment. It is also stated, Accused wanted to get rid of Respondent No.2. Many panchayats were held, but of no avail. Accused No.1 used to say there are lot of children surviving on the roads, so do not worry about the child. Elder son was always fed with outside food by in-laws and the child developed infection and was crying with pain for four days, but A