THE HON'BLE SRI JUSTICE P.S.NARAYANA Criminal Petition No.2709 of 2009 Date : 25-3-2010 Between : Kothamasu Venkateswara Rao and others .. Petitioners and Kothamasu Suneetha and another .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA Criminal Petition No.2709 of 2009 ORDER: 1. Heard the Counsel on record. 2. The Counsel for petitioners had taken this Court through the contents of the charge sheet and would maintain that except vague allegations specific allegations are not against A-2 and A- 3/petitioners. 3. The Counsel representing the 1st respondent had pointed out to the specific allegations and would maintain that this is not a case to be interfered with under Section 482 Cr.P.C. 4. The learned Additional Public Prosecutor had pointed out to the relevant portions of the charge sheet and would maintain that this is not a fit case to be interfered with under Section 482 Cr.P.C. 5. The petitioners are A-2 and A-3 in C.C.No.490/2007 on the file of Additional Judicial First Class Magistrate, Gudivada, Krishna District. The charge sheet was filed against the petitioners and A-1 for offence under Section 498-A r/w. Section 34 I.P.C. 6. It is stated in the charge sheet that the petitioners are the parents of A-1. The marriage between A-1 and the 1st respondent was performed on 16-3-2003 and it was an arranged marriage. At the time of marriage an amount of Rs.1,25,000/- cash was given as dowry. Out of the wedlock, a male child was born. Thereafter, all the accused started demanding additional dowry of Rs.1,00,000/- and the 1st respondent was necked out. A Panchayat was held by L.Ws.4 and 5 and even during the said Panchayat the accused demanded additional dowry. On the advise of the elders the 1st respondent filed the aforesaid case. 7. The petitioners stated that they are innocent of the offences alleged against them and they had been falsely implicated. It is further stated that A-1 filed HMOP No.44/2006 on the file of Senior Civil Judge, Machilipatnam for restoration of conjugal rights and subsequently A-1 filed HMOP No.81/2007 before the Senior Civil Judge, Machilipatnam for divorce and the same is pending. Thereafter A-1 had withdrawn HMOP No.44/2006. It is also further stated that the 1st respondent had filed D.V.C.No.6/2008 on the file of Judicial First Class Magistrate, Gudivada and by order dated 1-7-2008, this Court granted interim stay of all further proceedings. It is further stated that there are no specific allegations against the petitioners who are aged about 64 and 62 years respectively. It is also further stated that the continuation of the proceedings in C.C.No.490/2007 on the file of Additional Judicial First Class Magistrate, Gudivada, Krishna District is nothing but clear abuse of process of the Court and the same is liable to be quashed. 8. This Court is not inclined to express any opinion touching the merits and demerits. It is needless to say that in the light of the specific allegations made in the charge sheet, on appreciation of evidence, the matter may have to be decided. In the light of the same, this Court does not see any reason to interfere under Section 482 Cr.P.C. 9. Accordingly, the Criminal Petition is dismissed. _____________________ Justice P.S.Narayana Date : 25-3-2010 AM