THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION Nos.6835 and 6472 of 2022

C O M M O N O R D E R

Criminal Petition No.6835 of 2022 is filed by the petitioner-accused No.1 and Criminal Petition No.6472 of 2022 is filed by the petitioners-accused Nos.2 and 3 seeking to quash the proceedings against them in C.C.No.2659 of 2021 on the file of Principal Chief Judge Court cum VIII Additional Metropolitan Magistrate at Kukatpally, Cyberabad. The offences alleged against the petitioners are under Section 498-A of the Indian Penal Code (for short ‘IPC’) and sections 3 and 4 of the Dowry Prohibition Act (for short ‘the Act’).

02. Heard Mr.T.Pradyumna Kumar Reddy Senior Counsel representing Mr.T.S.Anirudh Reddy, learned counsel for the petitioners, Sri P.Giri Krishna, learned counsel for respondent No.2 and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State. Perused the record.

03. In brief, the case of the prosecution is that the petitioner/accused No.1 is the husband and petitioners Nos.2 and 3 are father and mother of accused No.1. The marriage of the respondent No.2 with accused No.1 herein was solemnized on 12.12.2013. After marriage respondent No.2 lead her conjugal life happily for 4 days, thereafter all the accused persons started harassing her to bring additional dowry. Later husband of respondent No.2 took her to China, where upon the instigation of other accused persons over phone, accused No.1 used to come home in drunken condition and picked up quarrel with her without any reason and he used to harass her by saying to do job and harass her for additional dowry or else to commit suicide. He also committed abortion to her. In the month of June 2014, respondent No.2 joined in Ericsson Company and every month her husband used to transfer her salary to his NRI account and he did not give money for her needs. A1 also hacked her face book and G Mail accounts and used to chat with her friends acting like she is chatting with them and he used to suspect her character and abuse and beat her. In 2015, her husband brought her to India and suggested her to stay there for some time and he forced her to resign her job and later he went to Singapore without informing her. In the year 2017, she was blessed with a baby boy. Accused No.1 with the saving amount of respondent No.2 purchased a house at Ameenpur. At the time of house warming ceremony he consumed alcohol and abused her and her son and beat them with hands and left to Singapore next day and filed a petition for Divorce with O.P.No.324 of 2018 and other accused also left to Warangal. Later parents of respondent No.2 tried to keep her at her in laws house at Warangal. But they refused her and she tried to stay at Ameenpur house with her son, where all the accused gave the rooms for rent to others. Hence, the respondent No.2 filed the present case for the offences under Sections 498-A of IPC and sections 3 and 4 of the Act.

04. Learned counsel for the petitioners submits that the petitioners have nothing to do with the alleged offences and that they never harassed the respondent No.2. If any physical harassment is made as alleged in the complaint by the petitioners, the respondent No.2 ought to have filed medical certificate with regard to obtaining of treatment. Further the accused No.1 and respondent No.2 resided at China and very occasionally they used to come to India. The respondent No.2 came to India for the purpose of delivery along with her parents and since then she refused to join her husband and picked up quarrel with petty issues and lodged a false complaint against the petitioners. Further the accused No.1 filed divorce petition vide OP No.324 of 2018 before the Family Court at Warangal against respondent No.2 and the same is pending. Despite putting any efforts for reconciliation or any OP for restoration of conjugal rights, respondent No.2 filed the present criminal petition as a counter blast. He further submitted that accused No.4 in the presen