IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3036 of 2009 DATE: 30.09.2010 Between: Majji China Apparao @ Apparao …… Petitioner And: The State, S.H.O, Kancharapalem P.S. rep. By the Public Prosecutor and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.3036 of 2009 ORDER: The petitioner/A-6 along with 5 others is accused of offences punishable under Section 498-A I.P.C and Sections 3 and 4 of the Dowry Prohibition Act in C.C. No.2872 of 2008 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam. A-1 is husband of the 2nd respondent/defacto-complainant. A-2 and A-3 are parents of A-1. A-4 and A-5 are sisters of A-1. A-6 is husband of A-5. All are residents of Visakhapatnam, but in different localities. It is alleged in the charge sheet that A-1 to A-6 stayed at the same place and started harassing complainant by all means stating that she us ugly and uncultured and dowry brought by her was insufficient and if A-1 married another girl, he would have got huge dowry. A-6 is a resident of Sector-11 in Steel Plan area of Visakhapatnam. In F.I.R, it is stated by the 2nd respondent that A- 5 and A-6 used to visit A-1’s house once in a week and used to discuss among themselves and were demanding the 2nd respondent as to whether she would bring money or not and beating her. The question of husband’s sister’s husband beating the 2nd respondent cannot be believed as it is an absurd allegation. It is evident that omnibus and general allegations were made against A-6 also, without any specific overt act against him by way of harassing her for the sake of dowry or presents. In the absence of any specific allegation against A-6, this Court is of the opinion that it is nothing short of abuse of process of law to prosecute A-6 on an allegation which touches absurdity. 2) Hence, the petition is allowed quashing proceedings in C.C. No.2872 of 2008 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam in so far as the petitioner/A-6 is concerned. _______________________________ SAMUDRALA GOVINDARAJULU, J September 30, 2010 KSH