APHC010110762020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CRIMINAL PETITION NO: 1438/2020 Between:

G Savaaraiah and Others ...PETITIONER/ACCUSED(S)

AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S)

Counsel for the Petitioner/accused(S):

1. P V N KIRAN KUMAR Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR (AP)

2. JADA SRAVAN KUMAR The Court made the following:

ORDER

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in F.I.R.No.7 of 2020 on the file of Woman Police Station, Tirupathi Urban, Chittoor District against the accused Nos.2 to 6 for the offences punishable under Section 498-A, 315, 328, 506 r/w 34 of IPC and Section 3 and 4 of D.P. Act read with 156(3) of Cr.P.C.

2. The petitioner Nos.1 to 5 herein are accused Nos. 2 to 6 respectively and the 2^nd respondent is the defacto complainant. The 2^nd respondent has submitted a complaint against the accused on the file of IV Additional Judicial Magistrate of 1^st Class Court, Tirupati stating that the accused No.1 is her husband; 2^nd and 3^rd accused are her in-laws i.e. the parents of the accused No.1; accused no.4 is the daughter of the accused Nos.2 and 3 and sister of the accused No.1; accused No.5 is the husband of accused No.4; accused No.6 is the sister of accused No.3. It is further stated that the 2^nd respondent is a MBBS graduate and a doctor by profession. After completion of the said course, the 2^nd respondent secured a job as Medical Officer in Apollo Hospital, Aragonda near Chittoor and at that time, her marriage was fixed to be performed with the accused No.1 who was pursuing diploma in Orthopedic at CMC, Vellore. It is further stated that the 2^nd respondent is a Hindu and that the accused are professing Christianity. As such, the marriage of the 2^nd respondent and the 1^st accused was performed at St.Paul CSI Church, Pakala, Chittoor district as per Christian religious customs. For the said marriage, the parents of the 2^nd respondent have given Rs.25,00,000/- in cash, 50 soverigns of gold, silver articles weighing five kilograms, house hold articles worth Rs.2,00,000/- to the accused towards dowry. After the marriage, the 2^nd respondent has joined the 1^st accused to lead a happy marital life at the marital home in Tirupati, wherein all the accused other than the in-laws used to visit frequently.

3. While so, the 1^st accused has started harassing the 2^nd respondent for giving less dowry and the same was supported by the parents and sister of the 1^st accused. The 2^nd respondent was beat by the 1^st accused and the parents of the 1^st accused have warned the 2^nd respondent not to sit before them and have made the 2^nd respondent to sit on the floor. The 2^nd respondent was tortured by the accused Nos.1 to 5 physically and mentally and that the accused No.1 has harassed the 2^nd respondent sexually. It is further stated in the complaint that the accused No.1 took the 2^nd respondent to quarters in CMC, Vellore on 03.01.2019 as the 1^st accused has secured seat pertaining to Diploma in Orthopedic, wherein the 2^nd respondent was tortured physically and mentally at the instance of the rest of the accused. The 1^st accused started suspecting the character of the 2^nd respondent and has directed the 2^nd respondent not to talk to any of the neighbours. The 1^st accused has also beat the 2^nd respondent on the streets alleging that she has seen a stranger and the 1^st accused has also scolded the 2^nd respondent on several occasions using unprintable language. When the 2^nd respondent has questioned the 1^st accused whether he is having an illegal affair with one Mahi Jayanthi, the 2^nd respondent was mercilessly beaten and when the same was informed by the parents of the 2^nd respondent to the parents of 1^st accused, they have supported