THE HON’BLE SRI JUSTICE E. V. VENUGOPAL CRIMINAL PETITION No.3935 OF 2021

O R D E R:

The present Criminal Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) by the petitioners/accused No.2 and 3 seeking to quash the proceedings against them in C.C.No.1394 of 2019 on the file of the XXIII Metropolitan Magistrate at Medchal.

2. Heard Sri M. V. Rajkumar Gabriel, learned counsel for the petitioners as well as Sri E.Ganesh and learned Assistant Public Prosecutor appearing for respondent No.1-State. Perused the record.

3. The brief facts of the case are that a complaint is filed on 26- 04-2019 at 18.30 hrs by respondent No.2 stating that she is working as software engineer, at Bank of America and that she got married with Accused No.1, who is Software engineer in Australia. It is further alleged that at the time of marriage de-fecto Complainant parents arranged net cash of Rs.10.50 lakhs, Gold Jewellary of 20 Thulas including house hold articles, as per the demand of the Accused. It is further alleged that after the de-facto Complainant conceived, that in the month of August 2014, Accused No.1 left to Australia, by saying that the he will process spouse visa to her and that the Accused demanded additional dowry of Rs.20 Lakhs, to arrange spouse visa. It is further alleged that on 17-01-2019, accused No.1 came to India and took the de- facto Complainant to his house situated at Uppal, for three months and started harassing mentally for additional dowry of Rs. 20 Lakhs and also demanding her salary and threatened with dire consequences. Hence, the Complaint.

4. Upon receiving such complaint, the Police Alwal registered a case in Crime.No.176 of 2019 for the alleged offences punishable under Sections 498-A and 506 of the Indian Penal Code (for short ‘IPC’) and Sections 3 and 4 of Dowry Prohibition Act.

5. Learned counsel for the petitioners further submits that the Police Alwal, after conducting an investigation, filed charge sheet against the accused for the offences punishable under Section 498- A of the IPC and Section 3 and 4 of DPA and the same was numbered as C.C.No.1394 of 2019 on the file of the XXIII Metropolitan Magistrate at Medchal.

6. Learned counsel for the petitioners further submits that the 1^st petitioner’s husband died and to that effect, learned counsel for the petitioner has filed a memo vide U.S.R.No.28759 of 2021 dated 04.06.2021 by enclosing a copy of the Death Certificate of petitioner No.2/accused No.3, who was admitted in Sunshine Hospital on 01.05.2021 vide registration No.72047 and died on

19.05.2021 in that Hospital due to cardiac arrest.

7. Learned counsel for the petitioners further submits that petitioner No.1 has got no involvement and in the absence of any specific allegations against her, continuing with the proceedings would amount to an abuse of process of law. He further submits that the son of petitioner No.1, who has been arrayed as accused No.1 in the charge sheet is the husband of respondent No.2/de- facto complainant and after two months of their marriage left to Australia and is staying in Australia and there was no occasion for the complainant to live with her in laws and after she got conceived she was staying with her parents.

8. Learned counsel for the petitioners further submits that he has filed memo of proof of service of notice to respondent No.2/de- facto complainant vide U.S.R.No.65681 of 2025 and the same was returned with an endorsement “Addressee could not be located”

and hence, the service of notice is incomplete.

9. Upon perusal of a copy of Death Certificate of the petitioner No.2/accused No.3, issued by the Sunshine Hospital, this Court, without going into the merits and demerits of the case, deems it appropriate to close this criminal petition as abated against petitioner No.2/accused No.3. However, in so far as petitioner No.1/accused No.2 is concerned, she is at liberty to file discharge petition, in accordance with law, before the trial