THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 6089 of 2009 ORDER: The present Criminal Petition is filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) to quash the proceedings in C.C.No.41 of 2008 on the file of the III Additional Munsif Magistrate, Ongole. The petitioners are A2 to A4 and the 1st accused is the son and 4th accused is daughter of A2 and A3. The complainant was the wife of A1 and their marriage seems to be an inter-caste marriage and thereafter there seems to be some disputes and on a complaint given by the complainant, the police have investigated the case and filed charge sheet against the accused for the offence under Section 498-A read with Section 34 of Indian Penal Code, 1860 (for short “IPC”) and Sections 3 and 4 of Dowry Prohibition Act (for short “D.P.Act”). Learned counsel for the petitioners contends that the mere demand for dowry is no offence under Section 498-A of IPC but one cannot lose sight of the fact that Section 498-A of IPC contemplates punishment for cruelty also. Even if it is not associated with demand for dowry and the cruelty as such need not be bodily cruelty and it is mental cruelty that can also be taken into consideration for punishing an individual. Therefore, in view of the peculiar circumstances of marriage of the 1st accused with the complainant belonging to different castes, the possibility of such utterances cannot be, at this stage, ruled out on the complaint of L.W.1, the complainant. However, so far as the case against the accused No.4 is concerned, the learned counsel for the petitioners contends that she is a student studying M.Pharmacy at Bapatla and was not staying at Ongole. The allegations made against her are all general character while assessing the allegations against the parents, the same standard cannot be applied to the unmarried daughter, who was studying elsewhere. Therefore, in view of the above circumstances and keeping in view the single allegation against A4 being that she has abused the complainant and there being no other specific allegations against her, it is a fit case where in exercise of powers under Section 482 of Cr.P.C., so far as the case against A4 is concerned, the proceedings can be quashed. Therefore, the proceedings against the accused No.4, who is the 3rd petitioner herein, are quashed and the lower Court is directed to proceed against the other accused. Accordingly, the Criminal Petition is partly allowed. ________________________ N.R.L. NAGESWARA RAO, J Date: 01-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 6089 of 2009 DATE: 01-07-2011 MR