IN THE HGIH COURT OF JUDICATURE OF ANDHRA PRADESH THURSDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.344 OF 2008 BETWEEN: M/s.C. Pratima Reddy D/o. Gopala Reddy …. Petitioner AND The State of A.P.., rep. by Public Prosecutor and another …. Respondents HONOURABLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.344 OF 2008 ORDER: This Criminal Petition, under Section 482 Crl.P.C., is filed by the petitioner – accused No.3 seeking to quash the proceedings in C.C. No.437 of 2007 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada. 2. Heard. 3. The offence alleged against the petitioner is punishable under Section 498-A IPC. The allegations in the charge sheet are that the petitioner along with A-1 and A-2, who are her brother and mother, harassed the de facto complainant, wife of A-1, to bring additional dowry and threatened the de facto complainant to kill her by leaking the gas. 4. The learned counsel for the petitioner contended that there are no specific allegations against the petitioner, that she is prosecuting her studies in M.Sc., therefore, continuation of proceedings against her is nothing but abuse of process of law. 5. Learned counsel representing the learned Public Prosecutor contends that the recitals in the FIR would clearly go to show that the petitioner along with A-1 and A-2 demanded the de facto complainant to bring additional dowry of Rs.7,00,000/-, therefore, prima facie case is made out. 6. Inherent powers under Section 482 Cr.P.C., can be exercised to prevent abuse of process of law or to secure the ends of justice. If the allegations in the complaint do not make out prima facie case of the offence alleged, then only the question of quashing the proceedings arises. 7. For the offence punishable under Section 498-A IPC, it would prima facie show that any wilful conduct of the husband which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health of the woman; or where husband or any relative of the husband was harassing with a view to coercing the woman to meet unlawful demand for any property or valuable security. 8. The allegations in the FIR would go to show that all the accused were harassing the de facto complainant to bring Rs.7,00,000/- towards additional dowry. So, it amounts to unlawful demand by the petitioner along with A-1 and A-2. As the prima facie case is made out against the petitioner, the question of quashing the proceedings against her does not arise. Therefore, the petition is liable to be dismissed. 9. Learned counsel for the petitioner stated that the petitioner is prosecuting her studies, hence, her presence may be dispensed with. For this, necessary application has to be made before the trial Court and on filing of such application, the trial Court shall consider the same in accordance with law. 10. Accordingly, the Criminal Petition is dismissed. ____________ K.C. BHANU, J July 22, 2010. KTL