Criminal Petition No. 280 of 2010 · Andhra Pradesh High Court

(Per. Hon’ble Sri Justice N.V.Ramana) This criminal petition is filed by the petitioners seeking to quash the proceedings in C.C. No.23 of 2007 arising out of Cr.No.10 of 2006 and the Charge Sheet No.70 of 2006 on the file of the XXII Metropolitan Magistrate-cum-Mahila Court, Nampally, Hyderabad. The petitioners are accused Nos. 1 to 3 and respondent No.2 is the de facto complainant. Based on the complaint dated 10.03.2005 lodged by respondent No.2, a case in Crime No.10 of 2006 on the file of Police Station, Begumpet, for the offence punishable under Section 498-A I.P.C., was registered against the petitioners. The Investigating Officer, having conducted the investigation, filed the charge sheet. The sum and substance of the charge sheet is that petitioner No.1 is the husband of the de facto complainant and petitioner Nos. 2 and 3 are his parents and in-laws of the de facto complainant. The marriage of the facto complainant with petitioner No.1 was performed on

14.05.2003. At the time of marriage, an amount of Rs.1,00,000/- was given towards dowry by her parents to petitioner Nos. 2 and 3, apart from Rs.33,000/- towards purchase of scooter and Rs.30,000/- towards purchase of clothes. Thereafter, petitioner Nos. 1 to 3 harassed the de facto complainant mentally and physically to get additional dowry of Rs.1,00,000/- from her parents, and threatened her with dire consequences. Thereafter, with the intervention of the elders, on

01.08.2004, the matter was compromised between the parties wherein petitioner No.1 and the de facto complainant have agreed to take divorce, and the petitioners agreed to pay to the de facto complainant a sum of Rs.1,50,000/- towards full and final settlement of her claim for her maintenance. The petitioners paid only a sum of Rs.30,000/- on

13.10.2004, and agreed to pay the balance amount later. As the petitioners did not pay the balance amount of Rs.1,20,000/-, the de facto complainant filed the present complaint against the petitioners. After filing the present complaint, it appears the de facto complainant filed F.C.O.P. No. 191 of 2005 recovery of Rs.1,20,000/-, which was decreed on 26.04.2006. Thereafter, the de facto complainant filed F.C.O.P. No. 45 of 2006 against petitioner No.1 seeking divorce, which by order dated 06.10.2006, was decreed. The learned counsel for the petitioners submitted that as the petitioners did not pay the balance of Rs.1,20,000/-, the de facto complainant filed the present complaint. For recovery of the said amount from the petitioners, the de facto complainant filed F.C.O.P. No.191 of 2005, which by order dated 26.04.2006, was decreed. As in spite of the said order, the petitioners did not pay the said amount, the de facto complainant initiated execution proceedings in E.P. No. 11 of 2007, and pursuant to the order, therein, the petitioners repaid the amount to the de facto complainant. Further, much prior to the repayment of the amount, F.C.O.P. No. 45 of 2006, filed by the de facto complainant against petitioner No.1 seeking divorce was decreed by order dated 6.10.2006. He submitted that since the de facto complainant filed the present complaint as the petitioners did not pay the amount of Rs.1,20,000/-, and inasmuch as pursuant to the orders in the E.P., the petitioners repaid the said amount, and inasmuch as the de facto complainant has already taken divorce from petitioner No.1, continuance of criminal proceedings against the petitioners amounts to abuse of process of Court. Even though notice was served on the de facto complainant in the month of January, 2010, she has not entered her appearance so far. Heard the learned counsel for the petitioners and the learned Public Prosecutor for respondent No.1-State. As can be seen from the charge sheet, as the petitioners did not pay the amount of Rs.1,20,000/-, which they agreed to pay towards permanent alimony in the compromise, she filed the present complaint. For recovery of the said amount from the petitioners, the de facto complainant filed F.C.O.P. No.191 of 2005, which by order dated