Criminal Petition No. 2154 of 2012 · Andhra Pradesh High Court

- This petition has been taken out under Section 482 Cr.P.C. by the accused in C.C.No.245 of 2011 on the file of II Metropolitan Magistrate, Cyberabad at L.B. Nagar, to quash the proceedings therein. Respondent No.2 presented a complaint before II Metropolitan Magistrate, Cyberabad at L.B. Nagar, alleging inter alia that she has been married to petitioner No.1 on 24.12.2007 at Dombivli, Mumbai and at the time of marriage, her father gave Rs.3,00,000/- cash and 60 Tulas gold jewellery. After the marriage, she joined with A1 for marital life. Petitioner Nos.2 and 3 herein are the sister and mother respectively of petitioner No.1. She has been harassed by the petitioners herein and their relations and others. They insisted her to hand over all the jewellery to petitioner No.1. The particulars of harassments meted out by her in the hands of the petitioners have been stated in the report. The complaint came to be forwarded to the L.B. Nagar police under Section 156 (3) Cr.P.C. Thereupon, the Station House Officer, L.B. Nagar Law and Order Police Station, registered a case in Crime No.1117 of 2010 for the offences under Sections 406, 415, 420 and 498A I.P.C. and Sections 3 and 5 of Dowry Prohibition Act.

After completing the investigation, the Sub-Inspector of Police, L.B. Nagar Police Station, submitted a charge sheet in the Court of II Metropolitan Magistrate, Cyberabad at L.B. Nagar. Learned Magistrate the charge sheet on file as C.C.No.245 of 2011. Since charge sheet has been filed showing the petitioner Nos.2 and 3 as absconding, Non-bailable Warrants came to be issued against them. It seems that the case against petitioner Nos.2 and 3 has been spilt out and trial against petitioner No.1 is being proceeded with. At this stage, the petitioners approached this Court invoking jurisdiction under Section 482 Cr.P.C., to quash the proceedings in C.C.No.245 of 2011. Heard learned counsel appearing for the petitioners and perused the material paper on record. Learned counsel appearing for the petitioners submits that respondent No.2 – de facto complainant presented a report before the Women Commission and the Women Commission referred the complaint to the Mahankali Police Station and the said complaint is pending consideration with the Mahankali Police Station.