THE HON'BLE SRI JUSTICE B.N. RAO NALLA CRIMINAL PETITION No.8467 OF 2008 ORDER: This Criminal Petition under Section 482 Cr.P.C. is ﬁled by the petitioners, A-1 and A-3, seeking to quash the proceedings/charge sheet against them in C.C. No.761 of 2007 on the ﬁle of learned XIII Additional Chief Metropolitan Magistrate, Hyderabad arising out of Crime No.574 of 2005 registered for the oﬀences under Sections 498-A IPC and 4 & 6 of Dowry Prohibition Act, 1961 (for short “DP Act”) of Women Police Station, Central Crime Station, Hyderabad. 2. The petitioners herein are brother-in-law and co- sister respectively of the de facto complainant. 3. The allegations against the petitioners are that after one year of the marriage of the de facto complainant, they have been continuously harassing her mentally and physically and after the death of her husband, they increased the harassment. That in February 2005, the petitioners herein along with other accused came to her house and abused her in ﬁlthy language, beat her, threatened and forced her to sign on blank papers in order to transfer her properties in their name or else they would see the end of her life and her sons. Hence, she ﬁled private complaint and the trial Court referred the same to Women Police Station, Central Crime Station, Hyderabad, which after its investigation ﬁled charge sheet against the petitioners herein and other accused for the oﬀences under Sections 498-A IPC and 4 & 6 of DP Act and the same was taken on ﬁle as C.C. No.761 of 2007, which is pending trial. 4. Heard both sides and perused the material available on record. 5. Learned counsel for the petitioners submits that a civil suit in O.S. No.65 of 2005 is pending between the parties on the file of Thadepalligudem, West Godavari District. He further submits that the marriage of the de facto complainant took place in 1974 and since 1998 she along with her husband and sons living separately in Eluru, as evident from the impugned complaint itself, from the petitioners and the impugned complaint is ﬁled in 2005 for the oﬀences stated supra which clearly reveals that the petitioners have not committed any oﬀence much less the alleged oﬀences and it is ﬁled only to harass the petitioner. He further submits that the case of the de facto complainant do not attract the ingredients of the oﬀences alleged, as such, the impugned proceedings against the petitioners may be quashed. In support of his submission, learned counsel relied on a decision of the Apex Court in PUNJAB NATIONAL BANK AND OTHERS v. SURENDRA PRASAD SINHA[1]. 6. Learned Additional Public Prosecutor submits that after laying charge sheet, trial Court has taken cognizance of the case and the same is pending trial. 7. A perusal of the material on record reveals that the petitioners, who are her brother-in-law and co-sister, are harassing the de facto complainant continuously from one year after her marriage and after the death of her husband in 2004, they increased the harassment and in 2005 they along with other accused went to her house in Hyderabad and abused her in ﬁlthy language, beat her, and forced and threatened her to sign on the blank papers for transferring her properties to the petitioners or else they would see the end of her life and her children, which are very serious one. The material on record also reveals that a civil suit is pending between the parties. In the circumstances, the maxim laid down in the decision referred supra, relied on by the learned counsel for the petitioners, cannot be applied to the case on hand. 8. In the circumstances, this Court is of the view that it is not a ﬁt case for quashing the impugned proceedings against the petitioners by invoking the powers under Section 482 Cr.P.C. 9. Therefore, the Criminal Petition is dismissed at the admission stage itself. __________________ B.N. RAO NALLA, J November 17, 2011. PV [1] AIR 1992 SC 1815