ORDER:

Heard learned counsel for the petitioners. Also heard learned Assistant Public Prosecutor for the 1st respondent-State and Mr.Marri Venkata Ramana, learned counsel for the 2nd respondent/de facto complainant.

2. The present Criminal Petition is filed seeking to quash the proceedings in C.C.No.1889/2019 on the file of the Court of the learned Special Judicial Magistrate of First Class for Mobile, Nellore, S.P.S.R. Nellore District.

3. The petitioners herein are arrayed as Accused Nos.2 & 3 in the above said case for the alleged offences punishable under Section 498-A of IPC and Sections 3 & 4 of Dowry Prohibition Act.

4. The learned counsel for the petitioners, while drawing the attention of this Court to the complaint dated 13.06.2019, inter alia contends that the marriage of the 2nd respondent/de facto complainant was performed with Accused No.1 on 20.05.2011, they lived together happily for some time and blessed with a son. She submits that thereafter some disputes arose between the de facto complainant and the Accused No.1. Be that as it may. She submits that referring to certain incidents allegedly occurred during the year 2013, the de facto complainant lodged a complaint making allegations against Accused No.1 as also petitioners herein/Accused Nos.2 & 3, who are mother and father of Accused No.1 and the same was registered as Cr.No.45 of 2019 on the file of Women Police Station, Nellore. The learned counsel submits that the de facto complainant also made certain allegations against her sister-in-law, who is arrayed as Accused No.4 and the quash petition i.e., Crl.P.No.4217 of 2020 filed by her was allowed on contest by an order dated 09.02.2021. The learned counsel for the petitioners submits that except omnibus allegations, no specific overt acts have been attributed against the petitioners/Accused Nos.2 & 3, they are no way connected with the alleged offences and only with a view to harass them, they have been implicated in a false case. The learned counsel in support of her contentions placed reliance on the decisions of the Hon’ble Supreme Court in Geeta Mehrotra & another vs. State of Uttar Pradesh & another [(2012) 10 Supreme Court Cases 741] and Kahkashan Kausar alias Sonam & Ors. Vs. State of Bihar and Ors. [AIR 2022 Supreme Court 820]. The learned counsel submits that on mere omnibus allegations, no case can be made out against the petitioners i.e., Accused Nos.2 & 3, continuation of proceedings initiated against them tantamounts to abuse of process of Law and therefore the Criminal Petition may be allowed by quashing the proceedings under challenge.

5. The learned Assistant Public Prosecutor appearing for the 1st respondent-State submits that the allegations made against the petitioners are serious in nature and therefore it would be appropriate that the matter be left to the Court below to examine the allegations made against them by conducting Trial. He accordingly submits that the Criminal Petition may be dismissed.

6. Mr.Marri Venkata Ramana, learned counsel appearing for the 2nd respondent/de facto complainant while supporting the contentions advanced by the learned Assistant Public Prosecutor submits that in the light of the specific allegations made against the petitioners i.e., Accused Nos.2 & 3, it is essential that the Trial Court be allowed to proceed with the Trial, instead of quashing the proceedings as sought for by the petitioners. The learned counsel further submits that the reference to the earlier incidents as narrated by the de facto complainant/2nd respondent would make it clear that she had been subjected to harassment, mental agony for a long period and ultimately the 2nd respondent had lodged the complaint under the circumstances, which are set out therein. The learned counsel for the de facto complainant also submits that the order passed in Crl.P.No.4217 of 2020 dated 09.02.2021 may not be treated as precedent, more particularly, in view of the observations made by the learned Judge