THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5176 of 2009 BETWEEEN: 1. B.Krishna Murthy & 3 others. … Petitioners AND 1. State of A.P. rep. by P.P. & another. … Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5176 of 2009 ORDER: The petitioners 1 to 4/A2 to A5 are accused of offences punishable under Sections 498(A) Indian Penal Code (in short, I.P.C.) and Sections 3 & 4 of the Dowry Prohibition Act in CC.No.178 of 2009 on the file of Additional Judicial Magistrate of the First Class, Kurnool. A2 and A3 are parents and A4 is married sister of A1, who is the husband of the 2nd respondent/defacto complainant. A5 is husband of A4. Marriage of A1 with the 2nd respondent took place on 25.11.2007 at Kurnool. It is alleged that at the time of marriage, dowry of Rs.5,00,000/- ad 40 tolas of gold were given to A1 and Rs.1,00,000/- to A4 and also diamond ear studs worth Rs.65,000/- and household articles worth Rs.15,000/- were given to A2 and A3. It is alleged inter alia that A1 with the instigation of A2 to A5 started harassing the 2nd respondent physically and mentally by demanding her to bring additional dowry of Rs.3,00,000/- from her parents. Truth or otherwise of the above allegations is a question for fact which has to be decided by the trial Court after recording of evidence. This Court cannot go into the said question in the petition filed under Section 482 Cr.P.C. 2. In so far as the 4th petitioner/A5 is concerned, no offence is alleged under Sections 3 & 4 of the Dowry Prohibition Act against him, specifically. He is stated to have joined others to instigate A1 for demand of dowry. By making such omnibus allegation, A5 who is brother-in-law of A1 was also impleaded in this case. By the alleged demand of dowry and by the alleged harassment of the 2nd respondent, A5 is not going to be benefited either financially or otherwise. It is evident that A5 was also impleaded in this case with a view to counter harass in and as a measure of abuse of process of law. Having regard to facts of the case, Section 498(A) IPC cannot be extended upto A5. 3. In the result, the petition is partly allowed quashing proceedings in CC.No.178 of 2009 on the file of Additional Judicial Magistrate of the First Class, Kurnool insofar as the 4th petitioner/A5 is concerned; and the criminal petition is dismissed partly insofar as the petitioners 1 to 3/A2 to A4 are concerned. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 24.02.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5176 OF 2009 DATED: 24.02.2011 ysk