ORDER

1. This Criminal Petition is filed under Section 482 of The Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C) seeking to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.438 of 2023, on the file of the learned I Additional Judicial Magistrate of First Class at Godavarikhani, Peddapally District, registered for the offences punishable under Sections 498A, 294-b, 323 and 506 read with 34 of IPC.

2. Heard Sri S.Sarat Chandra, learned counsel for the petitioners as well as Sri T.Nagender, learned counsel for respondent No.2.

3. Learned petitioners’ counsel submits that the allegations in the complaint do not point out any specific incidents of harassment against the petitioners and that the petitioners herein are the husband and the in-laws of the de facto complainant and that there is no truth in the allegation though it is alleged that the land of 200 Sq.yards at Kothapally Village of Karimnagar District is transferred in the name of the de facto complainant. The Encumbrance Certificate (EC) reveals that it still exists in the name of the mother of the de facto complainant and that all the allegations leveled in the complaint are utterly false and thus, continuation of proceedings against the petitioners would be a clear abuse of process of law. He therefore prayed to quash the proceedings against the petitioners.

4. The learned 2nd respondent’s counsel has submitted that the respondent No.2 was put to untold harassment in the hands of her husband and in-laws and that for several months, she has suffered the torture and later on, at her instance, panchayat was conducted with the elders wherein, all the petitioners i.e., the husband and the in-laws have agreed to take care of the de facto complainant by setting up a separate family for them and thus, they have taken a rented house at Kushaiguda and were living there. It is alleged that inspite of the said arrangement, accused Nos.2 & 3 used to visit their house frequently and used to harass the de facto complainant and that during her pregnancy also, she was harassed due to which she sustained abortion on 18.10.2022 and that she has suffered a lot in the hands of accused Nos.1 to 3 for want of additional dowry. He therefore prayed to dismiss the petition as there are no grounds to quash the proceedings against the petitioners.

5. Perused the record.

6. The contents of the complaint point out that the de facto complainant was harassed by accused Nos.1 to 3. It is specifically alleged that the petitioners used to harass the de facto complainant for want of additional dowry of Rs.50,00,000/-. It is averred that land of 200 Sq.yards was registered in the name of de facto complainant. It is specifically alleged that the petitioners insisted for registration of 200 Sq.yards located at Kothapally Village of Karimnagar District and that her parents had given the same in the form of dowry.

7. The contention of the learned petitioners’ counsel is that the said land is not yet registered and that it still exists in the name of the mother of the de facto complainant. The said contention is triable in nature. However, the other allegations refer to specific incidents of harassment and that three panchayats were conducted with the elders and that at one of the panchayats, accused Nos.2 & 3 have agreed to take care of the de facto complainant thereafter, pursuant to which, the de facto complainant and her husband/accused No.1 were staying separately from accused Nos.2 & 3. It is alleged that due to the harassment made by the petitioners, the respondent No.2 had suffered physically and mentally which resulted in acute pain during pregnancy and culminated in abortion. The charge sheet also reveals the incidents of harassment and that the panchayat elders who conducted panchayat were examined as LWs 4 & 5. The averments in the complaint also shows that pursuant to the panchayat, a separate family was set up with the alleged promise made by accused Nos.2 & 3 that