THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.9 of 2021

ORDER:

The present criminal petition is filed under Section 482 of Cr.P.C, seeking to quash the proceedings against the petitioners/accused Nos.4 and 5 in C.C.No.1787 of 2020, on the file of the learned V Additional Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District. The offences alleged against the petitioners are under Sections 498 (A), 417 of Indian Penal Code (for short ‘I.P.C’) and Section 3 of Dowry Prohibition Act (for short, ‘D.P. Act’).

2. The petitioners herein are the accused Nos.4 and 5 and respondent No.2 herein is the de facto complainant before the trial Court. For the sake of convenience hereinafter parties are referred to as accused Nos.4 and 5 and the complainant.

3. The brief facts of the case are that the marriage of the de facto complainant fixed with Mr. Kadati Goverdhan Reddy/accused No.1 through Smt. Uma Naidu Marriage Bureau, Saroornagar, Hyderabad. The complainant and her parents suspected the proposal at an initial stage but accused Nos.4 and 5 with the help of Smt. Uma Naidu Marriage Bureau informed them that accused No.1 is good and convinced them for the marriage. Thereafter, both the families met and satisfied the proposal. Accused No.1’s parents demanded dowry of Rs.10,00,000/- towards cash, Rs.5,00,000/- gold and marriage expenses for which, the parents of complainant agreed and performed engagement on 13.12.2018 at Gandhinagar, Hyderabad. Unfortunately, the complainant’s mother was died on 16.12.2018. The accused No.1 and his family members forced to perform the marriage as per the schedule on 10.02.2019 and accordingly, the marriage was performed. At the first day of marriage, accused Nos.4 and 5 and their relatives demanded for lanchanas even though, they paid the demanded dowry. After reaching the house of accused No.1, accused No.1, his parents and accused Nos.4 and 5 abused the complainant and her family members. The elder sister of the complainant asked to send accused No.1 and the complainant to her house, the accused persons sent only the complainant. After few days, accused Nos.1, 4 and 5 shifted their residence. When the complainant and her family members enquired in the area and also tried to contact their relatives, they told that they don’t know anything. Later, the complainant and her family members visited Smt. Uma Naidu Marriage Bureau to do justice, accused Nos.1, 2 and 4 came there and abused them in filthy language and also threatened them. As per the advice of friends and relatives, the complainant approached Bharosa Center at Hyderabad on 26.09.2019, even after the intimation of the counsellors, there is no response from the accused. After some time, accused No.1 visited the Bharosa Center in the absence of counsellor and threatened the complainant with dire consequences, for which, the complainant tired to commit suicide. Thereafter, the complainant and her family members tried to contact the accused persons, but their efforts have gone in vain. Later on, the complainant came to know that accused No.1 married her only for money and accused Nos.4 and 5 hatched a plan and performed the marriage. Hence, the complaint.

4. Basing on the said complaint, the Station House Officer, Women Police Station, Saroornagar, Rachakonda Commissionerate, registered the case in Crime No.389 of 2019 for the offences under Section 498(A) and 417 of IPC and Section 3 of D.P. Act and charge sheet was laid vide C.C.No.1787 of 2020.

5. Heard learned counsel appearing for the petitioners and learned Assistant Public Prosecutor appearing for the respondent-State and perused the record.

6. Learned counsel appearing for the petitioners would submit that the petitioners herein are the husband and wife and permanent residents of Velivedu village of Pakala Mandal, Chittor District. They went to Hyderabad in search of job. They are falsely implicated in the present case, based on vague, unsubstantiated and frivolous allegations. The