THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.4471 OF 2021

ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) to quash the proceedings initiated against the petitioners/accused in C.C.No.988 of 2020, on the file of I Additional Judicial Magistrate of 1st Class at Godavarikhani, registered for the offences punishable under Sections

498-A of IPC and Section 4 of Dowry Prohibition Act r/w. 34 of IPC.

2. Heard the learned counsel for the petitioners, learned counsel for the 2^nd respondent and the learned Assistant Public Prosecutor for respondent No.1-State.

3. Brief facts of the case are that the respondent No.2/de facto complainant lodged a complaint on 12.11.2020 before the Police, Gadavarikhani-I(T) stating she got married with the petitioner herein on 18.10.2019 and at the time of marriage, cash of Rs.3,00,000/-, half tula gold, Rs.50,000/- cash towards sister-in-law gift and other house hold articles were given. Thereafter, de facto complainant went to her in-laws house to lead conjugal life to Vishakapatnam and there she lived happily for some time. Ever since de facto complainant got pregnant, the petitioner along with his parents, his brother, sister and brother-in-law started harassing her mentally and physically demanding her to get additional dowry of Rs.20,000/-

She further stated that her husband had married her suppressing the fact that he already got married to another woman. On 29.06.2020, the de facto complainant is blessed with a son. Though the same was informed to her husband and in-laws and invited them to 21^st day ceremony, none of them attended the ceremony. She was also warned that they would not allow her to lead conjugal life unless she bring the additional dowry, as demanded by them. Hence, the present complaint.

4. On receipt of the said complaint, enquiry was conducted and charge sheet was laid and the same was numbered as CC.No.988 of

2020. During the trial 17 witnesses were examined.

5. Learned counsel for the petitioners submits that the petitioners herein who are arrayed as A-2 to A-6 are not involved in any crime as alleged by the de facto complainant. Nowhere in the complaint it is specifically alleged that the petitioners had committed crime. The role of the petitioners in demanding the additional dowry and causing mental and physical harassment towards the de facto complainant is not specifically stated in the complaint. In the absence of the same, subjecting the petitioners to criminal proceedings would amounts to abuse of process of law. Hence, he seeks indulgence of this Court to quash the proceedings against the petitioners.

6. On the other hand, Sri D.Bhaskar Reddy, learned senior counsel appearing for the unofficial respondents vehemently contended that until and unless thorough trial is conducted, truth cannot be elicited and the role and involvement of the petitioners in the crime would not come to light. It is a matter of record that as many as 17 witnesses have been examined. No steps have been taken by the petitioners to take back the de facto complainant into the family. That itself would go to show that the petitioners are involved in causing mental harassment to the de facto complainant. Therefore, interference of this Court at this stage is not warranted.

Hence, seeks to dismiss the petition.

7. Learned Assistant Public Prosecutor taking the same stand as of learned counsel for the unofficial respondents would submit that serious offences are made against the petitioners by the de facto complainant who is the victim. However, since the appearance of the petitioners herein has been dispensed with by this Court, he seeks to dismiss the petition confirming the said relief.

8. Having regard to the rival contentions and upon perusal of the contents made in the complaint, this Court is of the opinion that the allegations made against the petitioners herein are bald and omnibus allegations. Nowhere in the complain