ORDER:

The instant petition under Section 482 of Code of Criminal Procedure, 19731 has been filed by the Petitioners/Accused Nos.1 to 6, seeking quashment of proceedings against them in Crime No.211 of 2021 on the file of Malkapuram Police Station, Visakhapatnam District registered for the offences under Sections 147, 447, 323 and 307 read with 34 of the Indian Penal Code2.

1 for short ‘Cr.P.C’

2 for short ‘IPC’

2. The allegations mentioned in the private complaint filed by Respondent No. 2, which was referred to Police and thus registered as Crime No.211 of

2021, in brief, are as follows:

a. Marriage of Accused No.1 with the son of Respondent No.2 namely Uday Madhu Kiran Vunnam was performed on 17.10.2019. However, Accused No.1 with her adamant behavior, subjected the son of Respondent No.2 to cruelty. Being vexed with the behavior of Accused No.1, the son of Respondent No.2 filed FCOP No.1129 of 2020 before the Court of Family Judge, Visakhapatnam seeking divorce and the same is pending.

b. Knowing about the filing of the FCOP, with a view to cause harm to the Complainant, all the Accused formed into an unlawful assembly, armed with sticks and Accused No.1 armed with a knife came to the house of the Complainant on 26.11.2020 at about 5.00 p.m., trespassed into his house, fell on the Complainant, beat him with hands and threatened to kill him. Accused No.1 took out a knife from her bag and waved across the face of the Complainant and also threatened to kill him.

c. As such, the Complainant went to Malkapuram Police Station to lodge a report, but the Police did not take any action. Though the Complainant reported the matter to the Commissioner of Police, no action was taken.

Hence, she filed a private complaint against the Petitioners.

Grounds Sought for Quashment

3. Being aggrieved by registration of the said case, Petitioners/ Accused Nos.1 to 6 filed the present petition, on the following grounds:

a. The allegations leveled by Respondent No.2 do not specify the commission of any offence by the Petitioners and the allegations do not attract the alleged offences in any manner.

b. Petitioners are falsely implicated in the present crime without any iota of evidence. Ex facie the alleged report and the FIR are vexatious, concocted and blatantly fallacious.

c. The allegations are vague, bald, omnibus and general in nature.

d. The present report was lodged with an ulterior and oblique motive to harass the Petitioners.

e. A bare perusal of the record goes to show that the actual initiation of criminal prosecution suffers from inordinate and unexplained delay. The failure of Respondent No.2 to produce the Wound Certificate is fatal and thus the case of the prosecution is impaired.

f. As a counterblast to the report lodged by Accused No.1 in FIR No.70 of

2020 of Women Police Station, Tirupati, the present case is filed. In view of pendency of FCOP No.214 of 2021, Respondent No.2 initiated criminal prosecution for bringing the Petitioners to their terms g. Petitioners are respectable individuals of the society and they do not have any criminal antecedents.

h. The alleged offences are predominantly personal in nature. Therefore, the subject matter warrants the exercise of inherent powers of this Court.

Arguments Advanced at the Bar

4. Heard Sri P.Durga Prasad, learned counsel for the Petitioners, Ms.D.

Prasanna Lakshmi learned Assistant Public Prosecutor for State/Respondent No.1 and Sri M.Surya Kumar, learned counsel for Respondent No.2.

5. Learned counsel for the Petitioners/Accused Nos.1 to 6 in elaboration to what was stated in the Petition would submit that with regard to the harassment by the husband and in-laws, Petitioner/Accused No.1 lodged a report with the Police on 31.12.2020, which was registered as Crime No.70 of 2020 of Women Police Station, Tirupati for the offence under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act against Respondent No.2 and others. As a counterblast to the said complaint, the present complaint has bee