THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.9920 of 2022

O R D E R :

This Criminal Petition is filed under Section 482 of Cr.P.C. by the petitioners-accused Nos.2 to 4 seeking to quash the proceedings against them in C.C.No.1437 of 2021 on the file of the Special Judicial First Class Magistrate (Prohibition and Excise Offences) at Nalgonda, pertaining to Crime No.47 of 2021 of W.P.S. Nalgonda, registered for the offences under Sections 498-A, 420, 323 and 506 of the Indian Penal Code (for short ‘IPC’) and Section 4 of the Dowry Prohibition Act, 1961 (for short ‘the Act’).

2. Heard Mr. S.Ganesh, learned counsel for the petitioners and Mrs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondent-State. No representation on behalf of respondent No.2.

Perused the record.

3. When the matter is taken up, it is submitted by the learned counsel appearing for the petitioners as well as the learned Assistant Public Prosecutor that the petitioner-accused No.3, who is the father of accused No.1, has expired.

4. Recording the aforesaid submission, this Criminal Petition is dismissed as abated, insofar as petitioner-accused No.3 is concerned.

5. The petitioner-accused No.2 is the mother and the petitioner- accused No.4 is the brother of accused No.1. The gist of the complaint is that the 2^nd respondent-de facto complainant was married to accused No.1 on 06.10.2017 and it was an arranged marriage. At the time of marriage, certain amount of dowry was given. Soon after their marriage, accused No.1 left to USA and she stayed at her matrimonial home along with her in-laws. On the instigation of the petitioners-accused Nos.2 and 4, accused No.1 harassed her physically and mentally demanding additional dowry. On 26.01.2018, the de facto complainant left to USA. Within few months, she got pregnant. When the Doctor revealed that she was pregnant with a baby girl, accused No.1 and his family members pressurized to terminate her pregnancy. After the birth of baby girl on 16.04.2019, accused No.1 picked up a quarrel with her and tried to kill her. Due to such unbearable harassment, the de facto complainant tried to commit suicide, but her neighbours rescued her. Thereafter, on 16.01.2021, accused No.1 sent de facto complainant to India by keeping her certificates, laptop, silver and gold ornaments with him. Though panchayats were held before the elders, accused No.1 and his family members did not change their attitude. Hence, the present complaint.

6. 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 contended that accused No.1 and de facto complainant have filed a petition seeking divorce and by order, dated 20.12.2022, the Family Court at USA has granted divorce, dissolving the marriage between accused No.1 and de facto complainant. It is further contended that the petitioner-accused No.2 is a resident of Nalgonda. The petitioner-accused No.4 is a Doctor by profession and he is residing at USA, prior to the marriage of accused No.1 itself. Even he has not attended the marriage of accused No.1 and de facto complainant. Within four months of the marriage, the de facto complainant left to USA and soon after returning from USA, she has lodged the present complaint against the petitioners herein. Hence, the petitioners have nothing to do with the offences alleged against them.

7. It is further contended by the learned counsel for the petitioners that the petitioners herein are staying away from the de facto complainant and accused No.1, therefore, there was no occasion or necessity for them to harass the de facto complainant. It is further contended that though the de facto complainant returned to India on 16.01.2021, the present complaint was lodged on 26.06.2021. If really there was harassmen