THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.1262 OF 2023
ORDER:
1. This Criminal Petition is filed to quash the proceedings against the petitioners/A2 to A5 in C.C.No.7462 of 2022 on the file of Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class at Hanumakonda for the offences under Sections 498-A, 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. The petitioners 1 and 2 are the parents-in-law of the 2nd respondent and 3rd petitioner is the sister-in-law and 4th petitioner is the husband of 3rd petitioner.
3. It is the case of the 2nd respondent that her marriage was performed with A1 on 11.11.2020. At the time of marriage, on specific demand of these petitioners and A1, dowry to the extent of Rs.40.00 lakhs was given in the form of cash, gold ornaments, motor cycle and other house hold articles. The said household articles and gold ornaments were given to A1 in the presence of elders. 15 days after the marriage, the 2nd respondent and A1 lead happy life. However, these petitioners 2 started harassing the 2nd respondent stating that she had brought less dowry and A1 would have got around Rs.1.00 Crore dowry if he was married to someone else. A1 harassed and beat the 2nd respondent to bring additional dowry and such harassment was meted out at the instance of petitioners 1 and 2/parents-in-law. Panchayat was held for the reason of A1 and others harassing the 2nd respondent. Thereafter, A1 took the 2nd respondent with him to America on 27.07.2021. Both stayed in USA. However, A1 was talking to another woman and used to insist that the 2nd respondent should get additional dowry of Rs.1.00 Crore and the 2nd respondent was beaten by A1 several times, for which reason, she lodged complaint with Oxford City, MS State, police department. Counseled by the police, complaint was taken back. Both A1 and the 2nd respondent returned to India on 30.07.2022 and from Shamshabad Airport, the 2nd respondent was taken to her parents' house and dropped there. Panchayat was held for the reason of A1 and 2nd respondent not getting along well. In the panchayat, A1 informed that he loved another girl and intends to give divorce to the 2nd respondent, for which reason, 3 complaint was made to the Women Police Station on 26.08.2022. On the basis of the said complaint, the police investigated the case and filed charge sheet for the offences under Sections 498-A and 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
4. Learned counsel for the petitioners would submit that false case has been filed in the USA and the Oxford City Police in US had reported that the complaint was false. He further submits that the 2nd respondent stayed only for 15 days in the house of her husband and thereafter, left to USA, as such, the question of harassing the 2nd respondent does not arise. In the said circumstances, when the 2nd respondent never stayed with the petitioners, there cannot be any harassment.
5. On the other hand, it was argued on behalf of the respondents that specific allegations are leveled against all these petitioners and the 2nd respondent was harassed when she was in India and also after she came back from US. As such, the proceedings have to go and it is for the trial Court to decide the culpability or otherwise of the petitioners. 4
6. Admittedly, the 2nd respondent went to USA after marriage. All the allegations are leveled against A1 stating that he had illegal intimacy with other woman and was demanding to get additional dowry. Aggrieved by the conduct of A1, the 2nd respondent allegedly lodged a complaint with the police in the USA, who had conducted investigation. Even according to the present investigation, the 2nd respondent was allegedly harassed for additional dowry of Rs.1.00 Crore by all the petitioners herein. It is alleged that A1 used to listen to his parents and demanded to get Rs.1.00 Crore from the 2nd respondent.
7. After marriage, the 2nd respondent had stayed with her husband in the USA and after return from USA, she was staying in her parents' house. While she was in India prior to her visit to USA, there was never any complaint or instance that is narrated regarding any harassment that was meted out. The only allegation after she returned from USA is that while she was staying in India prior to her proceeding to USA along with A1, there was demand for additional dowry of Rs.1.00 Crore. The allegations appear to be false for the reason 5 of the 2nd respondent proceeding to USA. If at all the parents, husband and others i.e., sister-in-law had forced her to part with the dowry of Rs.1.00 Crore, it appears improbable that she was taken to USA by A1 where stayed along with him. Since bald allegation is made regarding the demand of dowry of Rs.1.00 Crore, which appears to be improbable for the reasons mentioned above, this Court deems it appropriate to quash the proceedings against the petitioners.
8. In Kahkashan Kausar @ Sonam and others v. State of Bihar [(2022) 6 Supreme Court Cases 599], the Hon'ble Supreme Court held that unless there are specific and distinct allegations against the accused, the proceedings can be quashed. Under Section 482 of Cr.P.C, the Court should be careful in proceeding against relatives who are roped in on the basis of vague and omnibus allegations.
9. The Hon'ble Supreme Court in the case of Preeti Gupta v. State of Jharkhand [(2010) 7 Supreme Court Cases 667] held that the Courts have to scrutinize the allegations made with great care and circumspection, especially against 6 husband's relatives who were living in different cities and rarely have visited or stayed with the couple.
10. Relying on the observations of the Hon'ble Supreme Court in the aforesaid judgments, the proceedings against the petitioners are liable to be quashed.
11. In the result, the proceedings against the petitioners/A2 to A5 in C.C.No.7462 of 2022 on the file of Principal Junior Civil Judge-cum-Principal Judicial Magistrate of First Class at Hanumakonda, are hereby quashed.
12. Accordingly, the Criminal Petition is allowed. Consequently, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 12.04.2023 kvs 7 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1262 OF 2023 Dt.12.04.2023 kvs