THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.8665 of 2024

O R D E R

This Criminal Petition is filed by the petitioners-accused Nos.

1 to 4 seeking to quash the proceedings against them in C.C.No.6411 of 2022 on the file of I Additional Junior Civil Judge- cum-IX Additional Metropolitan Magistrate, Ranga Reddy District, at Kukatpally. The offences alleged against the petitioners are under section 498-A, 494 IPC and Sections 3 and 4 of Dowry Prohibition Act (for short ‘The Act’).

2. Heard Mr.N.Hari Nadh, learned counsel for the petitioners- accused Nos.1 to 4, Mr.H.Sudhakar Rao, learned counsel for respondent No.2 and Mr.M.Ramachandra Reddy, learned Additional Public Prosecutor for the State. Perused the record.

3. In brief, the case of the prosecution is that accused No.1 is the husband, accused No.2 is the father in law, accused No.3 is the sister in law and accused No.4 is the 2^nd wife of accused No.1 as per charge sheet. The marriage of the de facto complainant with accused No.1 was performed on 09.12.2010 by giving dowry of Rs.7,50,000/- cash, 10 tulas of gold, 30 tulas of silver and also costly home appliances and furniture worth of Rs.4,00,000/- by incurring an expenditure of Rs.15,00,000/- for marriage as per the demands of her husband and in laws. After marriage she joined her husband for leading conjugal life and her husband used to behave cruelly and abused her in filthy language and all her in laws harassed her mentally and physically demanding her to bring additional dowry. Even when she was pregnant she was forced to eat stale food and even after birth of a boy there was no change in the attitude and behavior of her husband and in laws but coerced her to comply their additional dowry demands. In pursuance of their malefic intentions her husband filed a divorce case against her by making all false and baseless allegations, the appeal of which is pending before this Court. By suppressing the fact that she preferred an appeal before this Court against the orders of the trial Court, wherein the matter did not attain finality, the petitioners have performed another marriage to her husband with another woman, who is accused No.4 herein. Hence, the respondent No.2 filed the present case for the offences under Sections 498-A, 494 IPC and Sections 3 and 4 of Dowry Prohibition Act.

4. It is contended by the learned counsel for petitioners that the petitioners are innocent and have been falsely implicated in the case by the de facto

complainant, only to wreck vengeance in view of the matrimonial disputes between her and accused No.1. The present complaint was lodged by the de facto complainant after nine years of her marriage with accused No.1. The reason for such delay in lodging the complaint remained unexplained. The accused and the de facto complainant were granted divorce on 04.01.2018 vide FCOP No.683 of 2012 by the Family court Judge, L.B.Nagar, Ranga Reddy District, wherein the complainant preferred an appeal before this court and this Court suspended the operation of said order on 09.04.2018 and it was further extended on 02.05.2018 pending orders. No notice was issued to the accused No.1 and he is unaware of the suspension of the operation of the divorce order. The petitioners herein are staying away from the de facto complainant and accused No.1. Except bald allegations, no specific overt acts are attributed to the petitioners. Thus, he prayed to quash the proceedings against the petitioners.

5. On the other hand, the learned Additional 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, he prayed to dis