KONDRU LAKSHMI DEVI v. THE STATE OF ANDHRA PRADESH, Represented

This Criminal Petition is filed by the petitioners, who are arrayed as Accused Nos.2 to 4 in C.C. No.416 of 2022 on the file of the Learned Additional Judicial Magistrate of First Class, Kovur, SPSR Nellore District. The petitioners are facing trial for the alleged offences under Section 498-A of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act,

The first petitioner is the mother of Accused No.1, the second petitioner is the sister of Accused No.1, and the third petitioner is the husband of Accused No.4.

Learned counsel appearing for the petitioners submits that the allegations made against the petitioners are vague and that there are no specific overt acts attributed to them. It is also submitted that the statements of LWs 1 to 3 are mere replicas of the complaint filed by the de facto complainant (3^^ respondent), and that none of the witnesses have speak about any specific incident that would attract the provisions of Section 498-A IPC or Sections 3 and 4 of the Dowry Prohibition Act.

It is further submitted that in the absence of any specific allegations, continuation proceedings against petitioners amounts to abuse of the process of law. The learned counsel for the petitioner relied upon the judgments of the 4 Hon’ble Supreme Court in Kahkashan Kausar @ Sonam & Others vs. State of Bihar & Others [(2022) 6 SCC 599] and Geeta Mehrotra & Another vs. State of U.P. & Another [(2012) 10 SCC 741], wherein it has been held that in the absence of clear and specific prosecution under Section 498-A IPC cannot be sustained liable to be quashed. allegations relatives husband, against and is

On the other hand counsel are specific appearing learned respondent No.3 submits that there allegations against the petitioners, and L.W.5 is an independent witness. It is submitted that L.W.1 and her parents were taken back to her maternal home and that there are specific allegations against the petitioners in both the complaint and in the statements recorded by the police. It is further argued that the truth will be elicited during the course of trial and that the petition is liable to be dismissed.

Heard learned counsel for the Assistant Government Pleader for the State for respondent No.3. petitioners, the learned and learned counsel

Perused the material available on record.

Admittedly specific petitioner No.3 (Accused No.4) and only made with regard to him. The statements on record do not disclose any overt act that would attract the ingredients of Section a vague reference is allegations against 5 498-A IPC or Sections 3 and 4 of the Dowry Prohibition Act

In view of the same, this Court is inclined to allow the Criminal Petition in part. Accordingly, the proceedings in C.C. No.416 of 2022 on the file of the Judicial Magistrate of First Class, Kovur, insofar petitioner No.3/Accused No.4 concerned, are hereby quashed.

This court considering the submission of the petitioner No.1 (Accused No.2), that she is a widow and has to take care of her 90-year-old mother, this Court deems it appropriate to dispense with her personal appearance before the trial court, except as and when her appearance is specifically required for the purpose of proceedings, as directed by the learned Magistrate.

The Additional Judicial Magistrate of First Class at Kovur, SPSR Nellore District.

2. The Station House Officer, Kovur Police Station, SPSR Nellore District

3. One CC to Sri Regulagadda Venkatesh, Advocate [OPUC]

4. One CC to Sri C.Subodh, Advocate [OPUC]

5. Two CC’s to the Public Prosecutor, High Court of A.P. at Amaravathi [OUT]

6. Three CD Copies GPC TAG HIGH COURT DATED: 02/07/2025 ORDER CRLP NO. 6852 OF 2023 PARTLY ALLOWING THIS CRIMINAL PETITION ^2 5 SEP 2025 j|)