HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 3490 of 2009 Date: 12-08-2010 Between: Kongara Ramesh and others …….. Petitioners and State of Andhra Pradesh and another ……… Respondents HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 3490 of 2009 ORDER: The petitioners, who are A-1 to A-5, approached this Court with a prayer to quash the proceedings against them in Crime No.255 of 2008 of Nandigama Police Station, Krishna District, registered for the offences punishable under Sections 498-A of IPC and 3 and 4 of the Dowry Prohibition Act. 2. The case of the prosecution is that the marriage of the first petitioner and the second respondent was performed in the year 1987 and they lead marital life happily for three years and they were blessed with one male child in the year 1991. Thereafter, the petitioners started harassing the second respondent physically and mentally. Therefore, the second respondent gave a report to the police at Aswaraopet and the same was registered as Crime No.104 of 2008 for the offences punishable under Sections 498-A of IPC and 3 and 4 of the Dowry Prohibition Act and later it was transferred to Nandigama Police Station where it was renumbered as Crime No.255 of 2008 for the same offences. 3. The learned counsel for the petitioners submitted that in the year 1997, the second respondent lodged a complaint and after investigation, charge sheet was filed and after due trial, the petitioners were acquitted by a competent Court and subsequent to that, the petitioners and the second defendant never lived together, but, all of a sudden, the present complaint is lodged against the petitioners. The learned counsel also produced a copy of the Judgment of the lower Court. 4. This Court heard the arguments of both the learned counsel and perused the record. 5. The present complaint lodged by the second respondent runs as follows: “Sir, My marriage was performed with Kangara Ramesh S/o. Narasimha Rao, aged 43 years, R/o. Aswarapet on 10.04.1987. About 3 years we lead marital life peacefully and we blessed a male child on 31.07.1987. Our family is joint family and thereafter due to some issues my father in law Kangara Narasimha Rao, S/o. Ranga Rao, aged 80 years, my mother in law Seetharavamma, W/o. Narasimaha Rao, aged 65 years, my brother in law Kangara Narayana Rao, S/o. Narasimaha Rao, aged 50 years, and my co daughter in law Prabhavathi, W/o. Narayana Rao harassing me both physically and mentally and demanded me to bring money from my parents house and necked out me in the year 2000. I went to my parents house along with my son and informed the same, my village elders Ch. Govardhana Rao, S/o. Narasaiah, 2. Ch. Seetha Ramaiah, S/o. Narasaiah, my mother Vijayamma, W/o. Venkateswara Rao held Panchayat and send me to in laws house at Aswaraopet and we lead marital life for 3 years peacefully and thereafter my brother in law Narayana Rao, Co daughter in law Prabhavathi, father in law Narasimha Rao, mother in law Seetharavamma harassed me both physically and mentally and ear bitting my husband and taken away my husband from me and residing at Nelakondapalli at present. Kindly take action against my husband who neglected me and my son and against my father in law, mother in law, brother in law and co daughter in law as they harassed me.” 6. The learned counsel for the second respondent is absent. 7. On perusal of the entire record, admittedly the allegations in the complaint are only bald allegations and there are no specific allegations. The allegations made in the complaint do not attract the ingredients of the provisions under Sections 498-A of IPC and 3 and 4 of the Dowry Prohibition Act. Therefore, the proceedings against the petitioners in the said crime are liable to be quashed. 8. Accordingly, the Criminal Petition is allowed. The proceedings against the petitioners in Crime No.255 of 2008 of Nandigama Police Station, Krishna District, are hereby quashed. _____________ RAJA ELANGO, J Date: 12-08-2010 YCR