Criminal Petition No. 1441 of 2010 · Andhra Pradesh High Court

This Criminal Petition, under Section 482 Cr.P.C., is filed to quash the proceedings in C.C.No.5 of 2010 on the file of the II Additional Judicial First Class Magistrate, Tenali.

A private complaint was filed by respondent No.1 against the accused before II Additional Munaiff Magistrate, Tenali, and the same was referred to police for investigation. Pursuant to it, a case in Crime No.135 of 2007 was registered for the offences punishable under Sections 498-A, 324 and 506 read with 34 IPC. During the course of investigation, it was revealed that the de facto complainant married petitioner No.1 (A-1) herein on 15.03.1990 and they were blessed with one son and one daughter aged about 16 and 13 years respectively. The complainant along with her children are living separately in her parents’ house. The allegation in the complaint is that petitioner No.1 and others were harassing the complainant to bring additional dowry of Rs.3,00,000/- and one acre of land from her parents. There was a quarrel between them on 13.08.2007, a case in Crime No.89 of 2007 was registered for the offence punishable under Section 324 read with 34 IPC, the accused were arrested and remanded to judicial custody. Thereafter, the case ended in compromise whereunder, as part of agreement, the complainant got Ac-2.00 of land in favour of her children. Two months thereafter, the complainant filed the present complaint with self same allegations stating that petitioner No.1 is to marry his sister’s daughter. During the course of investigation, it was revealed that there is no such marriage proposal and Crime No.135 of 2007 is treated as false complaint. For which the complainant filed Protest Petition and thereafter, learned Magistrate recorded the sworn statements of the complainant and two witnesses, and took up the investigation.

Heard both sides.

Simply because police after completion of investigation, filed report stating that it is a false case, it does not mean the case need not be taken on file. If the allegations in the sworn statement of the complainant and her witnesses made out an offence punishable under Section 498 –A IPC, then the question of quashing the complaint does

not arise. When the First Information Report constitutes a cognizable offence as per allegations made therein and the investigation is still in progress, the First Information Report cannot be quashed. At this stage, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not.

One of the requirements of cruelty as explained in Clause (b) of explanation to 498-A IPC reads that harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. It is alleged in the complaint that petitioner No.2 demanded the complainant to bring additional dowry of Rs.3,00,000/- and one acre of land and register it in the name of her daughter otherwise she would not allow to lead marital life with petitioner No.1. Similarly it is specifically stated that petitioner No.1 started harassing the complainant to get additional dowry. Since there are specific allegations against petitioner Nos.1 and 2 with regard to demand of additional dowry, it is not a fit case to quash the proceedings against them. In so far as petitioner Nos.3 to 7 i.e., A.3 to A.7, are concerned there are absolutely no allegations of whatsoever to show that they treated the complainant cruelly or the case alleged against them would attract Section 498-A IPC. Even if the sworn statements of three persons have been taken as true and correct, at this sage no case is made out against petitioner Nos.3 to 7. Therefore, continuation of proceedings against petitioner Nos.3 to 7 is nothing but abuse of process of law.

Accordingly, the Criminal Petitions is partly allowed quashing the proceedings against petitioner Nos.3 to 7 i.e., A.3 to A.7 in C.C.No.5 of 2010 on the file of the II Additional Judicial Magistrate of First Class, Tenali. The Criminal Petition is dismissed in respect of petitioner Nos.1 and 2. SEPTEMBER 06, 2012 YVL _______________ K.C.BHANU, J THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.1441 OF 2010

06.09.2012 YVL