HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8607 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/accused Nos.2 to 5 to quash the proceedings against them in C.C.No.125 of 2023 pending on the file of the Judicial First Class Magistrate at Banswada, which has taken cognizance of offences punishable under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act.
02. Heard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
03. The brief facts of the case are that respondent No.2 is the wife of accused No.1 and petitioners/accused Nos.2 to 5 are family members of accused No.1. Accused No.1 on the instigation of petitioners, has been harassing respondent No.2 physically and mentally and demanding additional dowry and also beat her. Further, accused No.1 2 and his family members have not at all been looking after the welfare of respondent No.2, for which, she was constrained to file a report before the police, which was registered as FIR No.163 of 2022 for the offences punishable under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act.
04. It is the contention of the learned counsel for the petitioners that the petitioner Nos.1 and 2 are old aged parents of accused No.1 and correspondently, in-laws of respondent No.2 and that petitioner Nos.3 and 4 are family members of accused No.1 and they are falsely implicated in this case. It is his contention that the petitioners are innocent and there were no specific overt acts against them except bald allegations that on their instigation, accused No.1 has harassed respondent No.2 and therefore, prayed to quash the proceedings against them.
05. On the other hand, learned Assistant Public Prosecutor vehemently opposed to quash the proceedings against the petitioners as police have investigated the case and filed charge sheet against them. He further contended that it is not a fit case to quash the proceedings against the 3 petitioners at this juncture and the matter has to be decided after conducting trial by the Court below.
06. Taking into consideration the fact that the petitioner Nos.1 and 2/accused Nos.2 and 3 are senior citizens and old aged parents of accused No.1 and petitioner Nos.3 and 4/accused Nos.4 and 5 are family members of accused Nos.1 and that no specific overt acts are leveled against them, the appearance/attendance of petitioners/accused Nos.2 to 5 before the Judicial First Class Magistrate at Banswada, in C.C.No.125 of 2023 is dispensed with, unless their presence is required by the Trial Court for a specific purpose, or at the time of recording their examination under Section 313 Cr.P.C., and on the date of pronouncement of Judgment. However, the petitioners/accused Nos.2 to 5 are at liberty to file discharge petition and on such petition being filed, the Trial Court shall dispose of the same on merits within three (3) weeks from the date of filing of the said petition, uninfluenced by any of the observations made in this Order.
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07. Accordingly, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
___________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 06-09-2023 gvl