THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.8226 OF 2009. DATED: 08-10-2009. Between: 1.Chinthapatla Ashish and another … Petitioners/ accused and 1. State of A.P. rep by Public Prosecutor, High Court of A.P., Hyderabad and another. …Respondents/Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO. 8226 OF 2009. ORDER: This Criminal Petition by the petitioners-accused under Section 482 Cr.P.C. is filed to quash the proceedings in DVC No.2 of 2009 on the file of the Judicial Magistrate of I Class, Manthani, Karimnagar District. 2. It is alleged that the 1st petitioner was torturing and harassing the 2nd respondent herein to bring additional dowry of Rs.1,00,000/- from her father and when the 2nd respondent was staying with the 1st petitioner, she was subjected to physical torture. It is also alleged that on 04-01-2009, the petitioners came to the house of the father of the 2nd respondent at Thadicharla and warned her and demanded her to pay Rs.1,00.000/- as additional dowry, otherwise they will put an end to her life and go for second marriage for the 1st petitioner. Hence, the complaint. 3. Learned counsel appearing for the petitioners contended that the allegations in the complaint are very vague, that without application of mind, the case was taken on file, that no dates on which the alleged harassment or torture were made have not been mentioned in the complaint and hence, continuation of proceedings against the petitioners is nothing but abuse of process of Court. 4. There cannot be any dispute that if the allegations in the complaint do not make out prima facie case of the offence alleged, then only question of quashing the proceedings arises. The allegations in the complaint would clearly go to show that both the petitioners herein were harassing the 2nd respondent to bring additional dowry of Rs.1,00,000/- from her father and furthermore, the 1st petitioner was suspecting the fidelity of the 2nd respondent and alleging that she was having illicit intimacy with others. Definitely that will cause physical abuse as per explanation 1 (i) of Section 3 of the Protection of Women From Domestic Violence Act, 2005, which means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb or health or impair the health etc., Because of these allegations, there would be mental harassment to the 2nd respondent and attributing immorality to the 2nd respondent would amount to sexual abuse. As the petitioners were repeatedly insisting the 2nd respondent to bring additional dowry of Rs.1,00,000/-, it is also domestic violence. Since prima facie case is made out, question of quashing the proceedings does not arise. 5. Accordingly, the Criminal Petition is dismissed. -------------------- K.C.BHANU, J DATED: 08-10-2009 Hsd