THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.654 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/A2 to A4 to quash the proceedings against them in C.C.No.2723 of 2022 on the file of IV Additional Metropolitan Magistrate-cum- IV Additional Junior Civil Judge at L.B.Nagar, Rachakonda. The offences alleged against the petitioners are under Sections 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. The 2nd respondent filed a complaint saying that she married Accused No.1 on 27.04.2018 and at the time of marriage, Rs.5 lakhs cash, 15 Tulas of gold and other articles were given. They stayed happily for three months and thereafter 2nd respondent gave birth to a girl. After returning from her mother's house, the husband and these petitioners who are family members started harassing her physically and mentally for additional dowry. 2 According to her she was staying along with her daughter in a rented house at NFC Nagar. Unable to bear the harassment, she has filed a complaint on 26.03.2022 which was registered and charge sheet was filed.
4. In the complaint and the statements made, the allegations leveled against these petitioners are that they were harassing the 2nd respondent physically and mentally for the purpose of additional dowry.
5. Admittedly, the 2nd respondent and A1 were staying separately. The said aspect is not in dispute. However, learned counsel for the 2nd respondent would submit that there are several other aspects which are not stated before the Police and the 2nd respondent is inclined to state the same before the Court during the course of trial. In the said circumstances prayed not to quash the proceedings against the petitioners.
6. The crime was registered on 26.03.2022 and the 2nd respondent was living separately. Further a written complaint was given to the Police. In the said written complaint and also in the statements recorded by the Police under Section 161 of Cr.P.C., except the bald allegations that these petitioners were harassing physically and mentally for additional dowry, nothing specifically 3 is stated or any events are narrated. On perusal of the entire material filed under Section 207 of Cr.P.C., by the Police, except the bald allegations, there is nothing to infer that these petitioners were responsible in any manner.
7. 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.
8. 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 husband's relatives who were living in different cities and rarely have visited or stayed with the couple.
9. In view of the aforesaid Judgments and since the 2nd respondent and A1 living separately and bald allegations of demand of additional dowry is made against the petitioners 4 herein, this Court is inclined to quash the proceedings against these petitioners.
10. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners/A2 to A4 in C.C.No.2723 of 2022 on the file of IV Additional Metropolitan Magistrate-cum-IV Additional Junior Civil Judge at L.B.Nagar, Rachakonda, are hereby quashed.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 25.04.2023 tk 5 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.654 OF 2023 Dt.25.04.2023 tk