THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2995 OF 2007 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No. 1312 of 2006 on the file of the IX Metropolitan Magistrate, Kukatpally, Cyberabad. 2. The second respondent lodged a complaint on 5.6.2006 alleging that on 27.2.2005, she was married to A.1 and at the time of their marriage, on the demand made by A.1 and others, her parents gave cash of Rs.1.75 lakhs, 10 tolas of gold, Rs.30,000/- towards motor cycle, Rs.10,000/- towards suit and Rs.20,000/- for other expenditure. After marriage, they went to Mumbai for livelihood where A.1 was doing marble polishing work, and stayed there for two months. During that period, A.1 beat her and harassed her physically and mentally and took away her gold ornaments and poured kerosene on her alleging that she was not obliging him. He used to bring his friends to the house and insist her to serve meals and drinks. A.1 developed illegal contacts with a lady and used to bring her to the house and forced her to serve the said lady. He beat her demanding to get Rs.50,000/- from her parents. After two months, they returned to their in- laws house at Vadlakonda, where she reported to her parents about the harassment, upon which they took her to their house. A.2 and A.3, who are her in-laws, and petitioner/A.4, who is uncle of A.1, are responsible for the harassment. 3. The learned counsel for the petitioner contended that there is no allegation of whatsoever that the present petitioner (A4 in the trial Court) committed an offence punishable under Section 498A I.P.C. and the allegation against him is that he simply arranged marriage between the defacto complainant and A.1, and hence, continuation of the impugned proceedings against him is nothing but abuse of process of court. 4. On the other hand, the learned counsel representing the Public Prosecutor opposed the same on the ground that the allegations made out a prima facie case for the offence alleged against the petitioner, and therefore there are no grounds to quash the impugned proceedings. 5. There cannot be any dispute that inherent powers under Section 482 Cr.P.C. can be exercised when there is an abuse of process of Court or to secure ends of justice or to give effect to any order under the Code. When the allegations in the charge sheet do not make a prima facie case for the offence alleged, then only the question of quashing the same would arise. 6. Under Section 498-A I.P.C., whoever, being the husband or the relative of the husband of a woman subjects her to cruelty, he shall be punishable. Explanation to Section 498A I.P.C. defines ‘cruelty’, which reads: “(a) any willful conduct which is of a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.” 7. The petitioner herein is A.4 in the Criminal Case. At this stage, the allegations made in the complaint cannot be tested whether they are correct or not. No doubt, there is no allegation in the F.I.R. against the present petitioner. But, during the course of investigation, when the complainant was examining under Section 161 (3) Cr.P.C., specific allegations are leveled against the present petitioner alleging that he along with other petitioners demanded the defacto complainant to bring Rs.50,000/- towards additional dowry so that A.1 can lead marital life. Any unlawful demand is ‘cruelty’ within the meaning of explanation to Section 498A I.P.C. The allegations made out a prima facie case for the offence alleged, and so, the question of quashing further proceedings in the criminal case does not arise. 8. The Criminal Petition is devoid of merit and is, accordingly, dismissed. ---------------- 8.7.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2995 OF 2007 Date: 8.7.2010 Between: Kornepaka Upender …Petitioner And State of A.P. through Balanagar p.s. Rep. by the Public Prosecutor, High Court, Hyderabad & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2995 of 2007 8.7.2010