THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2234 of 2007 ORDER: This petition is filed under Section 482 Cr.P.C. by the accused Nos.2 to 6 (A.2 to A.6) for quashing proceedings in C.C.No.193 of 2006 on the file of Judicial Magistrate of the First Class, Chennur, Adilabad District, relating to offence punishable under Section 498-A IPC. A.1 is husband of the Complainant/first respondent. A.1 is not a petitioner herein. A.2 and A.3 are parents, A.4 is brother and A.5 is married sister of A.1. A.6 is stated to be a local “DADA”, who is said to be supporting the other accused as against the first respondent. Since A.6 is neither husband nor relation of the husband, there can be no offence under Section 498-A IPC against A.6. A.6 is thus entitled for relief in this petition. It is contended by the petitioners’ counsel that only omnibus allegations were made against A.2 to A.5 by stating that they were instigating A.1 for demanding additional dowry and harassing the first respondent. Apart from alleging instigating A.1 by A.2 to A.5, there is another specific allegation in para 4 of the complaint against all the accused. It is alleged that on 04.06.2006, all the accused went in a jeep and lived in the complainant’s house for few days and repeated their demand for additional dowry and that when the first respondent failed to meet the demand, A.1 and other accused brutally beat her and subsequently told her that unless their demand of additional dowry is not fulfilled, she should not join their society. It is contended by the petitioners’ counsel that the said allegation is improbable. Probability or otherwise of an allegation is a matter which has to be taken into consideration while deciding a question of fact. This Court under Section 482 Cr.P.C. cannot go into questions of fact and decide by itself. It is a matter which has to be urged before the trial Court and it is for the trial Court to come to its own conclusion after recording entire evidence in the case to be let in by both the parties. In the result, the petition is partly allowed quashing proceedings in C.C.No.193 of 2006 insofar as the petitioner No.5/A.6 is concerned; and the petition is partly dismissed with regard to petitioners 1 to 4/A.2 to A.5. __________________________________ SAMUDRALA GOVINDARAJULU, J 19th FEBRUARY, 2010. kvni