THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5389 of 2011 ORDER: The present Criminal Petition is filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the proceedings in C.C.No.344 of 2011 on the file of the IV Additional Munsif Magistrate, Chittoor, wherein the accused was charged for the offence under Section 498-A of Indian Penal Code, 1860 (for short “IPC”) and Sections 3 and 4 of Dowry Prohibition Act (for short “the Act”). The 1st petitioner/A1 is the husband of the deceased Nouziya. The petitioners 2 and 4 (A2 and A4) are the parents of 1st petitioner/A1. The petitioners 3 and 5 (A3 and A5) are said to be brother and sister of 1st petitioner/A1. Originally the FIR was registered for the offence under Sections 498-A, 304-B and 306 of IPC and after investigation the police found that the death was natural and the police having conducted a fair investigation have deleted the prosecution for offences under Sections 304-B and 306 of IPC. During the course of investigation, the statements of the relatives of the victim and also the person, who is said to have conducted a mediation was also examined. At this stage, it is difficult to believe that their evidence cannot be accepted. The question as to whether provisions of Section 32 of the Indian Evidence Act apply or not, has no relevance in this case because there is no dying declaration given by the deceased to any officer except a letter said to have been written by her. Therefore, in view of the above circumstances, the contentions raised by the petitioners require appreciation of evidence and as can be seen from the record, there is some prima facie material and consequently, the police have filed the charge sheet. Learned counsel for the petitioners represents that A3 and A5 are not involved in the crime but they were implicated, but even against them at this stage it is difficult to quash the proceedings as I am satisfied that the investigation done by the police is impartial and assessed the evidence. Therefore, the quash proceedings does not lie and it is not a case for exercising of the power under Section 482 of Cr.P.C. Accordingly, the Criminal Petition is dismissed. ________________________ N.R.L. NAGESWARA RAO, J Date: 07-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5389 of 2011 DATE: 07-07-2011 MR