HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5188 OF 2010 DATED : 20.07.2010 Between : Smt.Parveen Begum & others … Petitioners/ A.2 to A.11 A n d 1) Amrin Unnisa Begum 2) The State of A.P. … Respondents/ Complainants HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5188 OF 2010 ORDER: This Criminal Petition under section 482 of the Code of Criminal Procedure is filed by the petitioners-A.2 to A.11 seeking to quash the proceedings in crime No.25 of 2010 of Koilkonda Police Station, Mahabubnagar District, registered for the offence punishable under sections 498A, 109 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The case of the Prosecution as per the complaint of the de facto complainant is that her marriage with A.1 was performed on 13.11.2009. At that time, Rs.50,000/- cash, 3 tulas of gold, 20 tulas of silver, household articles were given to accused as dowry. One week from the date of marriage, her husband, sisters-in-law and their husbands, started harassing the complainant physically and mentally demanding to bring additional dowry. Complaint also reveals that one Amjad Khan and his wife Anwar Begum are responsible for all this harassment and at last about two months prior to her lodging complaint all the above said persons beat her and necked out her from the house. On receipt of the above complaint, Police registered a case in crime No.25 of 2010 for the offence punishable under sections 498A, 109 of Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. Heard. Learned counsel for the petitioners submitted that against the petitioners there are no specific allegations and only omnibus allegations are leveled against them. He further submitted that petitioners 9 and 10, who are arrayed as A.10 and A.11 in crime, are not related to A.1, husband of the complainant. Hence, section 498A IPC cannot be applied to them. Further, other petitioners are the married sisters of A.1 and their husbands respectively, who are living separately with A.1, and they are no way connected with the alleged offence. Hence, he prayed to quash the further proceedings in the crime against the petitioners. It is seen from the remand case diary filed along with the criminal petition that the investigating officer examined LWs 1 to 5 and recorded their statements under section 161 Cr.P.C. It is also mentioned in RCD that on interrogation, A.1 confessed the guilty of offence along with A.2 to A.11. Further, it is the specific case of the complainant in her complaint that petitioners 2 to 8 also harassed her physically and mentally for additional dowry and petitioners 9 and 10 are responsible for all these harassment. Further, she also alleged that all the accused beat her and necked out her. In these circumstances, it is for the investigating officer to probe into the crime and this Court under section 482 Cr.P.C. cannot decide the genuineness or falsity of the complaint. In these circumstances, this Court is of the view that the stands taken by the petitioners can be raised before the concerned investigating officer and the investigating officer is directed to investigate the matter and verify the genuineness of the allegations and decide the issue in accordance with law and file final report. With above observation, the Criminal Petition is disposed of. In view of disposal of main criminal petition itself, the miscellaneous petition filed in the criminal petition shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 20.07.2010 sur