THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.10539 of 2023

O R D E R :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners-accused Nos.2 to 5 seeking to quash the proceedings against them in C.C.No.2935 of 2021 on the file of the learned XV Additional Chief Metropolitan Magistrate, Hyderabad (for short ‘trial Court’), arising out of Crime No.237 of 2020 of W.P.S. South Zone, registered for the offences under Sections 498-A, 406 and 506 of the Indian Penal Code (for short ‘IPC’), Sections 3 and 4 of the Dowry Prohibition Act, 1961 and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (for short ‘the Act’).

2. Heard Mr. Mohd. Muzaferullah Khan, learned counsel appearing for the petitioners and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent-State. Perused the record.

3. The petitioners-accused Nos.2 and 3 are the brothers, petitioner- accused No.4 is the unmarried sister and petitioner-accused No.5 is the married sister of accused No.1.

4. The gist of the complaint is that the 2^nd respondent-de facto complainant was married to accused No.1 on 19.12.2018 as per the customs prevailing in the Muslim Community. At the time of marriage, certain amount of dowry was given. After marriage, they lived happily for few days. Thereafter, all the accused harassed the de facto complainant physically and mentally demanding additional dowry. After conceiving of de facto complainant, her parents started bearing all the expenses. During her seventh month pregnancy, accused No.1 dropped her at her parental house. On 01.10.2019, the de facto complainant was blessed with a baby boy. On the instigation of petitioners-accused Nos.2 to 5, accused No.1 neither paid the hospital expenses nor visited the hospital to see her and baby boy. On 16.09.2020, the de facto complainant went to her matrimonial house on knowing the death news of her mother-in- law. When she went near the dead body, accused No.1 abused her in filthy language and pronounced triple talaq in the presence of relatives and community elders. Thereafter, on the instigation of petitioners- accused Nos.2 to 5, accused No.1 had sent Divorce Certificate from the Qazi.

5. It is contended by the learned counsel for petitioners that the petitioners are innocent and they have been falsely implicated in the case by the de facto complainant, only to wreck vengeance in view of the matrimonial disputes between the de facto complainant and accused No.1. It is also contended that except bald allegations, no specific overt acts are attributed to the petitioners and the ingredients of offences alleged against them are not made out. Thus, he prayed to quash the proceedings against the petitioners.

6. On the other hand, the learned Assistant Public Prosecutor contended that all the accused, including the petitioners herein, have harassed the de facto complainant after her marriage with accused No.1 and being unable to bear the same, the present complaint has been lodged. It is further contended that all the allegations levelled in the complaint as well as in the charge sheet are subject matter of trial, and hence, this is not a fit case to quash the proceedings at this stage.

Accordingly, she prayed to dismiss the petition.

7. For the sake of convenience, Section 498-A of IPC is extracted hereunder:

498A. Husband or relative of husband of a woman subjecting her to cruelty.—

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.— For the purpose of this section, “cruelty” means—(a)any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or(b)harassment of the woman where such harassment is with a view to coerc