HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.6284 of 2007 Dated: 21-10-2010 Between: R.Sasikala & another …Petitioners AND The Sub-Inspector of Police, Madanapalle II Town Police Station, Madanapalle, Chittoor district, rep. by its Public Prosecutor, High Court of A.P., Hyderabad & Another Respondents. This Court made the following: HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No.6284 of 2007 ORDER: This petition under Section 482 of Cr.P.C. is filed to quash the proceedings initiated against the petitioners-A.4 and A.5 for the offence punishable under Section 498-A IPC in C.C.No.392 of 2006 pending on the file of II Additional Magistrate of First Class, Madanapalle, Chittoor District. The second respondent-de facto complainant, who is the wife of A.1, lodged a complaint with the Judicial Magistrate of First Class, Madanapalle alleging that A.1 is the son of A.2 and A.3, A.4 is the sister of A.1 and A.5 is the brother-in-law of A.1. Her marriage with A.1 was performed on 21.2.2003 at Tirumala as per the customs of Hindu Community. At the time of fixation of marriage, her parents agreed to pay Rs.5 lakhs towards dowry, out of which, Rs.3 lakhs was paid to A.2 and A.3 in the presence of A.4 and A.5. After the marriage, the complainant went to Chittoor to lead happy life with A.1. After 10 days, A.1 to A.5 started giving troubles to the complainant to get the balance of Rs.2 lakhs which was agreed to be paid. In the month of July, 2003, her parents went to Chittoor and deposited Rs.2 lakhs in fixed deposit in the joint account of the complainant and A.1 at Chittoor Collectorate Post Office, Greamspet. Even after depositing the said amount, A.1 to A.5 started ill-treating the complainant with an intention to get more dowry. It is alleged that the petitioners-A.4 and A.5 have also started giving troubles to the complainant and instigated A.1 to A.3 to show cruelty over the complainant. A.1 was addicted to vices like drinking. Further A.1 to A.5 obtained a letter from the complainant to the effect that if anything happens for her life, they cannot be found faulted with. It is alleged that about fix months back, the accused dragged the complainant to the street from their house and they locked the doors. Even after mediation, the accused demanded additional dowry of Rs.10 lakhs and Rs.1 lakh towards furniture, for which, the parents of the complainant expressed their inability. The learned Magistrate forwarded the complaint to the police of II Town Police Station, Madanapalle for investigation. The police after due investigation, laid the charge sheet against the accused for the offence under Section 498-A IPC. The complaint allegations clearly discloses the participation of the petitioners-A.4 and A.5 along with A.1 to A.3 in harassing the de facto complainant for demand of additional dowry. It is specifically alleged that all the accused obtained a letter from the complainant to the effect that if anything happens to her, they cannot be found faulted with. In view of the same, the complainant should be given an opportunity to substantiate the allegations against the petitioners. It is represented that ever since the marriage of A.4 with A.5, they are staying at Reddaigunta Village. Considering the allegations made in the complaint, at this stage, I see no ground to quash the impugned proceedings. The Criminal petition is accordingly dismissed. However, since the petitioners are residing at separate place, on their filing an application, they can be permitted to be represented by A.1 by dispensing with their presence on all the dates except when their presence is required for examination under Section 313 Cr.P.C., if any. The petitioners are also at liberty to seek discharge from the charges after adducing the evidence on behalf of the prosecution. ________________ A. GOPAL REDDY, J. OCTOBER 21, 2010 Tsr.