THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.1806 OF 2009 DATED: 29-07-2010 Between 1.B.Shyam and 5 others …Petitioners-A1 to A6 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.1806 OF 2009 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.316 of 2008 on the file of the Judicial Magistrate of I Class, Adilabad, which was registered of the offences punishable under Sections 498-A IPC and 3 and 4 of D.P. Act. 2. It is alleged that the complainant is the legally wedded wife of A1. Her parents presented cash of Rs.1,75,000/-, 12 tulas of gold and other house hold articles at the time of marriage. After the marriage, they lived happily for some years and she begot two children. Thereafter, A1 to A6 subjected her to cruelty and harassment demanding her to bring additional dowry of Rs.5,00,000/- from her parents. On a complaint given by her, police registered a case and investigated into it. 3. Learned counsel appearing for the petitioners contended that there are no allegations against A2 to A6 with regard to demand of dowry, that the entire allegations if taken as true and correct, it had happened in Nanded District and therefore, the Judicial Magistrate of I Class, Adilabad has no territorial jurisdiction to try the case as no part of cause of action arose within its limits and therefore, he prays to quash the proceedings. 4. On the other hand, learned counsel appearing for the 2nd respondent contended that the petitioners demanded the complainant to bring additional dowry, which is an offence punishable under Section 498-A IPC, that a part of cause of action arose at Adilabad as the marriage of the 1st petitioner with the complainant was performed and dowry amount of Rs.1,75,000/- was given and therefore, the Court at Adilabad has got jurisdiction to try the case and hence, he prays to dismiss the petition. 5. There cannot be any dispute that if the allegations in the complaint do not make out prima facie case of the offences alleged, then only question of quashing the proceedings arises. The allegation in the charge sheet would go to show that all the petitioners harassed the complainant to bring additional dowry of Rs.5,0,000/- from her parents. Any unlawful demand by husband or relative of a husband of a woman for property or valuable security is cruelty within the meaning of explanation (b) to Section 498-A IPC. Therefore, prima facie case is made out for the offence punishable under Section 498-A IPC. 6. Coming to the aspect as to whether the acts alleged in the complaint give jurisdiction to the Judicial Magistrate of I Class, Adilabad, the allegation is that the marriage was performed on 13-12-1995 and at the time of marriage, admittedly dowry of Rs.1,75,000/- was given to the petitioners. The petitioners were also prosecuted for the offences punishable under Sections 3 and 4 of D.P. Act. Therefore, a part of cause of action arose within the jurisdiction of Adilabad. Even though the allegation that the demand of dowry by the petitioners 2 to 6 is allegedly taken place within the jurisdiction of Nanded District, at the same time, a part of cause of action arose at Adilabad and the complainant also informed to her parents, who are residing at Adilabad that her husband and his family members were harassing her to bring additional dowry. Therefore, that gives a cause of action for the Judicial Magistrate of I Class, Adilabad. Hence, there are no grounds to quash the proceedings. 7. Accordingly, the Criminal Petition is dismissed. Observations, if any, made in this Criminal Petition are only for the purpose of the disposal of the petition and uninfluenced by any of the observations, the trial Court shall dispose of the case in accordance with law including the question of jurisdiction also. ------------------------------- JUSTICE K.C.BHANU DATED:29-07-2010 Hsd