THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.3056 of 2009 ORDER: 1. This criminal petition is filed to quash the proceedings in D.V.C.No.4 of 2009 on the file of IV Additional Judicial First Class Magistrate, Kakinada, East Godavari District. The petitioners herein are A.2 to A.4 respectively. 2. The brief facts of the case are that the first respondent/complainant was the legally wedded wife of the first accused and their marriage was performed on 05.07.1988. At the time of marriage, the parents of the Complainant gave an amount of Rs.1,00,000/- to the first accused and paid Rs.25,000/- towards adapadachula lanchanams and a promise was made by her grandmother to give Acs.6.50 cents of land to the complainant. After the marriage, for one year, they lived together happily. Thereafter, a female child was born. The first accused thereafter, addicted to vices and started demanding his wife to get additional dowry and that on the instigation of the present petitioners, A.1 necked out the complainant and her daughter from the house. Further, in the month of October, 2006, while she was staying in an apartment, the present petitioners went to the flat, threatened her not to give any complaint and demanded her to get the land of an extent of Acs.6.50 cents registered in her name, otherwise, they won’t allow her to live with her husband. 3. Learned counsel for the petitioners vehemently contended that there are no allegations at all against the present petitioners and that the reliefs claimed in the D.V.C. are against the husband, and that for the self-same allegations, the complainant filed a private complaint, which was referred under Section 156(3) Cr.P.C. to the police for investigation, and the police after conducting investigation, filed charge sheet against A.1 alone i.e. the husband, but not against the present petitioners and therefore, the present case is foisted against the petitioners and continuation of the impugned proceedings against the petitioners/A.2 to A.4 is nothing but an abuse of process of Court. 4. On the other hand, learned counsel appearing for the first respondent contended that the third petitioner herein got managed the police and therefore, the Superintendent of Police directed the police concerned to further investigate on the complaint filed by the first respondent and file charge sheet and therefore, there are no grounds to quash the impugned proceedings at this stage. 5. There cannot be any dispute that the inherent powers under Section 482 Cr.P.C. can be exercised, when there is an abuse of process of Court or to secure the ends of justice. This being the extraordinary remedy, it has to be exercised with great care and caution and with circumspection. It is well settled that if the allegations in the complaint make out a prima facie case for the offence against the accused, then only the question of quashing the complaint arises. It is not necessary to delve deep into the allegations whether they are correct or not. If the allegations make out a prima facie case, then it is the duty of the authority concerned to proceed further. 6. The allegations in the complaint would go to show that at the instance of the present petitioners, the first respondent was necked out by the first accused in the month of December, 2003 and thereafter, again, in the month of October, 2006, the present petitioners went to the flat while the first respondent was present alone in the Apartment and threatened her not to give any complaint against them and also to get the land to an extent of Acs.6.50 cents registered in her name, otherwise, they won’t allow her to lead marital life with the first accused. These allegations prima facie show that the first respondent was being harassed by the petitioners. Whether the allegations are correct or not, is a matter to be decided after adducing the evidence in D.V.C.No.4 of 2009. Therefore, there are no grounds to quash the proceedings in D.V.C.No.4 of 2009 insofar as the petitioners are concerned. 7. The Criminal Petition is accordingly, dismissed. _______________ K.C.BHANU, J 8th OCTOBER, 2009. kvni