HON’BLE SRI JUSTICE B.CHANDRA KUMAR Crl.P. No. 8072 of 2009 DATED: 22.12.2011 Between: 1. Sri Ch. Suresh Babu 2. Smt.Ch.Kamalamma 3. Sri Ch.China Kotaiah .. Petitioners/ Accused and 1. Ch. Aksa Rani 2. The State of A.P. .. Respondents O R D E R:- This Criminal Petition has been filed to quash the proceedings in C.C. No.321 of 2009 on the file of the Special Judicial Magistrate of First Class (EC), Ongole. Sri Kurra Srinivas, learned counsel for the petitioners, submits that as far as petitioner Nos.2 and 3, the parents of the 1st petitioner, are concerned, there is no allegation of demand of dowry or harassment for dowry and therefore, Section 498-A IPC does not apply to them. The learned Additional Public Prosecutor submits that the allegations would go to show that the mother has also harassed the victim. The allegations made against the petitioners are as follows: The 1st respondent is the wife of the 1st petitioner-A1. Petitioner Nos.2 and 3 are the mother and father of the 1st petitioner and in-laws of the 1st respondent. The marriage of the 1st petitioner and the 1st respondent was solemnized on 25.06.1997 in Podili village. At the time of marriage, an amount of Rs.2.00 lakhs was paid towards dowry. After the marriage, the 1st petitioner-A1 developed illicit intimacy with one Latha and he was coming to their house once in a week in a drunken state and used to beat the 1st respondent demanding to bring money. He was showing the photos of Latha and telling that he would marry her and bring her home and used to torture the 1st respondent. Since the 1st respondent did not agree to the said proposal, he along with his mother poured kerosene and tried to kill her and when the 1st respondent said that she would agree to the said proposal they left her. It is also alleged that the 1st respondent and her children were kept in the house which was locked and after her parents came there she could come out of the house. So, a reading of the entire material gives an impression that many allegations have been made against the husband-A1. As far as the dowry harassment is concerned, there is no specific allegation against petitioner Nos.2 and 3 but omnibus allegations have been made against them. Though it is alleged that the 2nd petitioner also joined the 1st petitioner in pouring kerosene on the victim, it is only with regard to the issue of proposing to bring Latha to their house. The allegations against petitioner Nos.2 and 3 do not show that the victim was harassed demanding any dowry though there are allegations against the 1st petitioner-A1. In the above circumstances, the learned counsel for the petitioner submits that the 2nd petitioner is aged about 70 years and the 3rd petitioner is aged about 75 years and conducting enquiry proceedings against them would result in abuse of process of Court. In the circumstances, the proceedings against Petitioner Nos.2 and 3 are quashed. However, the proceedings against the 1st petitioner-A1 may go on. Accordingly, the Criminal Petition is allowed in part. _______________________ B. CHANDRA KUMAR,J 22.12.2011 bcj