ORDER:

The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 by the Petitioners/Accused Nos.2 to 4, seeking quashment of the proceedings against them in C.C.No.1486 of 2020 on the file of the Court of IV Additional Chief Metropolitan Magistrate, Vijayawada, for the offence under Section 498-A of the Indian Penal Code, 1860 and Sections

3 and 4 of the Dowry Prohibition Act, 1961.

2. Heard Sri U.Kanaka Raju, learned counsel representing Sri C.Abraham Lincoln, learned counsel for Petitioners and Sri P.Rama Rayudu, learned counsel representing Sri Madhavarao Nalluri, learned counsel for Respondent No.2.

3. Learned counsel for the Petitioners would submit that a false case has been lodged against the Petitioners, who are parent-in-laws and sister-in-law of the defaco complainant. There are no specific allegations lodged against her except omnibus allegations and prays to allow the petition.

4. Contrasting the same, learned counsel for Respondent No.2 would submit that there are specific allegations made against the Petitioners. Accused Nos.2 to 4 in the complaint as well as in the statements before the Police in the charge sheet whatever the contentions raised by the Petitioners are disputed facts which cannot be decided before this Court and vehemently opposed the petition and prays for dismissal.

5. Learned Assistant Public Prosecutor supported the case of Respondent No.2 and would submit that it is not a fit case for quashment, since specific allegations made against the Petitioners/Accused Nos.2 to 4, prays for dismissal of the Petition.

6. Considering the submissions made and keen perusal of material on record, it is alleged against the Petitioners/Accused Nos.2 to 4 in the complaint that they used to harass Respondent No.2 for getting property from her parents house and on one particular instance they have intentionally helped Accused No.1 by giving sticks and knife to attack the wife. In that view, as there are allegations in specific made against the Petitioners, it is not a fit case for quashment. This Court cannot decide the truth or otherwise of the contentions while exercising jurisdiction under Section 482 of the Code.

7. At this juncture, learned counsel for the Petitioners would submit that the presence of Petitioners may be dispensed before the trial Court for every adjournment.

8. In that view, considering the grievance that the Petitioners are in-laws and sister-in-law of the defaco complainant, the Criminal Petition is dismissed. However, the presence of the Petitioners before the trial Court is dispensed with, unless their presence is warranted and specifically directed by the trial Court.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

___________________________________ VENKATA JYOTHIRMAI PRATAPA, J Date: 16-07-2024 JLV

207 HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.1886 of 2022 Dt.16.07.2024 JLV