THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.6550/2007 Dt.21-10-2010 1. M. Sarojamma and others. ..Petitioners/A-2 to A-6 V. 1. The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad and another ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.6550/2007 ORAL ORDER This petition under Section 482 Cr.P.C., to quash the proceedings initiated against the petitioners, who are A-2 to A-6 for the offence under Sec. 498-A IPC in CC No.448/2003 on the file of III Additional Munsif Magistrate, Tirupathi. The second respondent-defacto complainant filed a complaint before III Additional Munsif Magistrate, Tirupathi, against six accused, for the offence punishable under Sec. 498-A r/w 34 IPC, alleging that she is the legally wedded wife of the son of the first accused as their marriage took place on 29-7- 1998. At the time of marriage, her parents gave 20 sovereigns of gold and Rs.2 lakhs of cash to the accused. After marriage, she joined the company of her husband at Tirupathi, who is living in a joint Hindu family consisting mother and brothers and their family members, where she lived happily for about two years. As she has no issues, the first accused used to blame her as if the defect is with her only. The remaining accused also joined the hands with the first accused. The first accused, who is the mother of the complainant, is living with the complainant along with her husband, as they have partitioned their properties and got separated. The accused started demanding the complainant to give divorce, so that her husband will go for the second marriage. When she refused to give divorce, the accused demanded Rs.2 lakhs towards additional dowry for their business. The first accused harassed the complainant and the remaining accused supported the first accused. On filing said complaint, the matter was referred to the police . The police after investigation filed a charge sheet, for the offence punishable under Sec.498-A IPC and Section 4 of Dowry Prohibition Act, against sole accused, who is the husband of the defacto complainant, by eliminating the other accused, whose names were mentioned in the complaint lodged by the complainant, stating that the family members of the accused are very much afraid of the complainant and they left the house and are residing separately; their role in harassing the complainant is found to be little and they have been seemingly falsely implicated. At present, the complainant is collecting the rents from the tenants of the houses, which belonged to the joint family of the accused and is maintaining herself by residing in the house of the accused’s joint family, along with her mother. On filing charge sheet, the complainant filed a protest petition, in which, her sworn statement was recorded. In the sworn statement, she has not stated anything new than the complaint allegations, except stating that she has no issues; her husband was having drinking habit and used to come to the house in late hours and used to beat her; when she informed the same to her mother-in-law, Sarojamma, and other accused, they were blaming her by saying that due to herself only her husband got spoiled and addicted to bad habits; all the brothers of her husband, Ramakrishna, got divided and they were living separately. She further categorically stated that her husband and other family members of her husband used to visit her house. The charge sheet and the sworn statement would clearly disclose that A-2 to A-6 are residing separately being afraid of the behaviour of the complainant. Further, from the allegations levelled in the charge sheet as well as the sworn statement, no case is made out against A-2 to A-6. Therefore, continuing proceedings against the petitioners A-2 to A-6 is an abuse of process of law and are liable to be quashed. The Criminal Petition is accordingly allowed and the proceedings initiated against the petitioners/A-2 to A-6 in CC No. 448/2003 on the file of III Additional Munsif Magistrate, Tirupathi, are hereby quashed. ______________ A.GOPAL REDDY,J Dt.21-10-2010 kmr