ANDHRA PRADESH HIGH COURT
A. Ramakrishna, J
Rajesh Gutta v. State of A.P. and Others
Criminal Petition No. 2976 of 2009 | Criminal Petition No. 4921 of 2010
| Table of Content |
|---|
| 1. common petition context and objective. (Para 1 , 2) |
| 2. need for investigations to follow legal procedures. (Para 4 , 5 , 6) |
1. Since the de facto complainant in both the petitions is one and the same and the petitioners are the husband and mother - in - law of the daughter of the complainant respectively, both the petitions heard together and are being disposed of by this common order.
2. Petitioners approach this Court with a prayer to quash the proceedings against them in CC No. 507 of 2006 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, whereby they are facing charge for the offence punishable under S.s498 - A, 494 and 511 of IPC and 3 and 4 of the Dowry Prohibition Act.
3. Heard both sides. The marriage of the de facto complainant's daughter with the petitioner in Crl. P. No. 2976 of 2009 took place in the year 2004. The complaint is lodged on 31/07/2006. For the disposal of this petition, for better appreciation this Court is of the view that the entire complaint can be reproduced even though it is in length:
Date: 31st July 2006.
To
The Station House Officer,
Malakpet,
Hyderabad.
Sub: Complaint regarding demand for dowry, accepting dowry, demand for additional dowry and subjecting my daughter Mrs. Pallavi to extreme cruelty on failure to meet the said demands.
Sir / Madam,
1. I, Ram Mohan Rao, V. Pasupuleti, a native of Hyderabad and residing in U.S.A. submit the following facts with regard to the offences committed by my Son - in - law Mr. Rajesh Gutta and his family members in subjecting my daughter Mrs.Pallavi to extreme cruelty during her matrimonial life in India especially in Hyderabad and later on in U.S.A., for demanding dowry before the marriage and for unlawful demands after the marriage and planning for bigamy.
2. I state that during the middle of the year 2004, I was looking for a marriage alliance for my daughter a graduate with Honours in Chemistry and working as a supervisor in a pharmaceutical company in Philadelphia, Pennsylvania, U.S.A. I got the reference of Mr.Rajesh Gutta residing in Birmingham, Alabama State, U.S.A. in July 2004 through Bharat matrimony website. I contacted him over phone and found out details of his family members, given as Smt. Swarajya Lakshmi (mother), Satish Gutta (Younger brother) Sakhamuri Rama Chandra Rao (adopted father), S. Parvathi Devi(adopted mother). On my invitation Mr.Rajesh visited my house on 29/08/2004 and then I contacted his elders in India for the alliance. I was shocked at the terms and pre - conditions put forth for finalizing the alliance, which included payment of Rs. 15 lakhs dowry before marriage (document enclosed), a diamond ring for the bridegroom and expensive clothes for their relatives numbering 13 families. Though I was opposed to the practice of dowry demand, I was forced to accept the same.
3. I state that on account of the above 'dowry' demands by the said persons and insistence for payment of dowry before marriage, I transferred 30,000/- U.S. dollars to bank account No.001-1-427374/602601508969 of Mrs.Gutta Swarajya Lakshmi maintained in ICICI bank in India on 12th October 2004 as per their demand (document enclosed).
4. On 4th Nov - 2004 the above said persons visited our house at Plot No. 166, Sri Puram Colony, Malakpet, Hyderabad - 500 016 and insisted that an additional amount of Rs.2,50,000/- must be paid to Smt. G. Swarajya Lakshmi, Rs. 1,50,000/- being to complete the agreed sum of Rs.15.00 lakhs towards dowry and Rs.1,00,000/- for jewellery for the bridegroom, I obtained a Demand Draft for Rs.2,50,000/- bearing No. 0717843372 drawn on SBI, Main Branch, Hyderabad on 16th November 2004 favoring Mrs. G. Swarajya Lakshmi i.e. two days before the marriage scheduled on 18th November 2004.
5. I state that the marriage of my daughter with Mr. Rajesh Gutta was performed as per Hindu rights and traditions on 18th November, 2004 at Jaya Gardens, Somajiguda, Hyderabad (documents & photographs encl
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