THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4354 OF 2009 Dated 20-10-2011 Between: Mailapaka Upender and another. ..Petitioners. And: The State of Andhra Pradesh, represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another. … Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4354 OF 2009 ORDER: (ON BEING MENTIONED). When it is argued that the status of the defacto complainant is in dispute, this Court observing that the said question cannot be decided in quash proceedings, dismissed the criminal petition on 13-10-2011. But as seen from the record, the ingredients of Section 498 I.P.C. have not been made against the petitioner herein. As seen from the F.I.R., the allegations go to show that the defacto complainant was abused in filthy language and she was thrown on the ground that she was abused. As far as A.1 is concerned, the allegation go to show that he married the defacto complainant without taking dowry and that he would have got Rs.50,000/- towards dowry and that he was harassing her demanding additional dowry. It is also alleged that her husband harassed her to sell the house at Bharatnagar and harassing her since last two years. Therefore, all the allegations of the dowry harassment have been made against her husband. No allegation of dowry harassment has been made against these petitioners herein. Therefore, as far as Section 498 I.P.C. is concerned, it appears that no case is made out against the petitioners and admittedly, case has been registered for the offence under Section 498 I.P.C. Therefore, F.I.R. against the petitioners in so far as the offence of 498 IPC is concerned, stands quashed. Police are at liberty to investigate the matter as far as the other allegations are concerned. The petition is accordingly allowed. Consequently, order dated 13-10-2011 stands recalled. ____________________ B. CHANDRA KUMAR, J. Date: 20-10-2011 Dvs THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL PETITION No.4354 OF 2009 Dated 20-10-2011