THE HON’BLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.5076 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 and 3 seeking to quash the proceedings against them in C.C.No.6656 of 2022 on the file of the learned I Additional Junior Civil Judge-cum-IX Additional Judicial Magistrate of First Class at Medchal (previously C.C.No.5 of 2022 on the file of the learned V Additional Junior Civil Judge-cum-XIII Additional Metropolitan Magistrate at Kukatpally, Cyberabad) (for short ‘trial Court’), arising out of Crime No.50 of 2021 of W.P.S. I.T. Corridor, Gachibowli. The offences alleged against the petitioners-accused Nos.2 and 3 are under Section 498-A of the Indian Penal Code (for short ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short ‘the Act’).

2. Heard Mr. Pradeep Kumar Srirambhatla, learned counsel for the petitioners, Mr. S.Ram Reddy, learned counsel for respondent No.2 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 father and mother of accused No.1. The de facto complainant is the father of LW-2/ V.Sushma Reddy. The facts of the case, in brief, are that the marriage of LW-2 was performed with accused No.1 on 24.04.2018. At the time of marriage, certain amount of dowry was given. LW-2 has joined the conjugal society of accused No.1 at her matrimonial home. During her stay, the petitioners abused her stating that the marriage was not performed according to their expectations and further demanded additional dowry of Rs.25,00,000/-. Subsequently, accused No.1 and LW-2 left to USA. While residing at USA, LW-2 resigned her job, as she was diagnosed with Thyroid Cancer. Then, the petitioners and accused No.1 abused her on financial matters. In December, 2020, LW-2 and accused No.1 returned to India. During the said period, the petitioners insisted that the house given as dowry at the time of marriage, which was in the name of LW-2, be registered in the name of accused No.1 and also demanded additional dowry. On the instigation of petitioners, accused No.1 went to USA, leaving LW-2 in India. When the de facto complainant went to the house of accused at Kompally to request them to take back LW-2, the petitioners abused him using abusive and unparliamentary language, unlawfully confined him in the house for more than three hours and physically assaulted him.

4. 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 LW-2 and accused No.1. It is contended that the petitioners herein are staying away from LW-2 and accused No.1 therefore there was no occasion or necessity for them to harass LW-2. The present complaint was filed in 2021, whereas, the marriage of LW-2 and accused No.1 was performed in 2018. The reason for such delay in lodging the complaint remained unexplained. It is further contended that most of the witnesses are family members of de facto complainant and they are interested witnesses. It is also contended that except bald allegations, no specific overt acts are attributed to the petitioners. This Court, by order, dated 21.09.2024 has quashed the proceedings against accused Nos.4 to 6 in the crime, in Criminal Petition Nos.9013 and 9020 of 2023. Since the petitioners herein also stands on the same footing, he prayed to quash the proceedings against the petitioners.

5. On the other hand, the learned counsel appearing for the 2^nd respondent as well as learned Assistant Public Prosecutor in one tone contended that all the accused, including the petitioners herein, have harassed LW-2 after her marriage with accused No.1. It is further contended that all the allegations levelled in the complaint as well as in the charge sheet are subject matter of t