Boddu Anantha Rao & Ors. v. There is absolutely no material against the present

THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.5435 OF 2009 ORDER : This criminal petition under Section 482 of Cr.P.C. is filed by the petitioners/A.2 to A.4 seeking to quash the proceedings in crime No.381 of 2009 on the file of Vanasthalipuram Police Station registered for the offence under Section 304B I.P.C. 2) Heard. 3) This is a case where the wife of A.1 committed suicide by leaving a suicide note. Even according to the suicide note, she committed suicide on account of harassment by the husband and none else are responsible for the same. Learned Public Prosecutor on instructions has reported that the investigation revealed the same and the learned counsel for R.2 also reports that the second respondent had no complaint against the present petitioners. 4) There is absolutely no material against the present petitioners to constitute an offence under Section 304B IPC. Learned Public Prosecutor contends that as the investigation reveals that there was harassment by the petitioners demanding additional dowry, the offence under Section 498A IPC would be made out. But, even the allegations with regard to additional dowry are not against the third petitioner/A.4, the un-married sister who is a student of Engineering, and according to the le arned counsel for the petitioners her marriage is fixed and on account of this case it is being held up. 5) Considering the above circumstances, the proceedings against the third petitioner/A.4 only are quashed and as far as the other petitioners are concerned, this petition is dismissed and investigation and consequential steps on the basis of the investigation shall go on and in case charge sheet is filed, the petitioners are at liberty to challenge the same. 6) Accordingly, the criminal petition is allowed in part. ______________________ P.SWAROOP REDDY, J 4th November, 2009 SUR