HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.2703 of 2009 ORDER: This petition is filed under Section 482 Cr.P.C., for quashing further proceedings against the petitioners/A-5 and A-6 in C.C.No.41 of 2009, on the file of the Additional Judicial Magistrate of the First Class, Narsapur, West Godavari District. 2. Heard the learned counsel for the petitioners/A-5 and A-6 and the learned counsel for the third respondent- complainant. Perused the record. 3. On a complaint given by the third respondent, the police registered a case in Cr.No.101 of 2008 against the petitioners/A-5 and A-6 and four others for the offences under Sections 498-A, 406, 509 read with Section 34 IPC. A-1 is the husband of the complainant, A-2 is the father, A-3 is the mother and A-4 is the brother of A-1. The first petitioner/A-5 is sister of A-1 and the second petitioner/A-6 is the junior paternal uncle of A-1. 4. A perusal of the complaint and also the charge sheet would disclose that specific allegations have been made against A-1 to A-4 pertaining to the alleged offences. Insofar as first petitioner/A-5 is concerned, the only allegation made in the complaint is that she used to telephone from Tadepalligudem and asked the complainant to go away to her parental house by giving divorce to A-1. No details have been furnished in the complaint as to when and on what date the first petitioner/A-5 made any such telephone calls. After due investigation, the police filed a charge sheet and in the said charge sheet, there is no reference to any such telephone calls by A-5 to complainant. Admittedly, A-5 is a married sister of A-1 and she is residing elsewhere at Tadepalligudem away from A-1’s place. It is not the allegation of the complainant that A-5 committed any acts amounting to harassment or cruelty against the complainant at the matrimonial home. The thrust of the allegations in complaint is directed only against A-1 to A- 4. Based on the vague allegation couched in general terms A-5 used to make telephone calls to the complainant asking her to give divorce and go away, it is cannot be said that the ingredients of the offences under Section 498-A IPC are attracted insofar as the first petitioner/A-5 is concerned. 5. In respect of the second petitioner/A-6, who is the younger brother of A-2, there is absolutely no allegation made in the complaint or disclosed in the charge sheet. As seen from the complaint, A-6 appears to have arranged the marriage and that after the disputes arose, he was not coming forward to talk to the other accused and resolve the same. The failure, if any, on the part of A-6 to espouse the case of complainant and support her in the dispute with A-1 to A-4, cannot by any stretch of imagination be construed as amounting to cruelty or harassment. The charge sheet does not disclose any specific allegation against A-6 at all. 6. Under those circumstances, simply because A-6 happened to have arranged the marriage of the complainant with A-1 and subsequently failed to take a stand in her support in the dispute and failed to play an effective role to resolve the dispute, it cannot be said that the ingredients of the offences alleged are attracted even prima facie against the second petitoner/A-6. 7. In the absence of any specific and definite allegation against the petitioners and in the absence of any specific overt acts attributed to them prima facie attracting the ingredients of the offences alleged, it is considered that continuance of further proceedings against the petitioners/A-5 and A-6 in C.C.No.41 of 2009 would only amount to abuse of process of law. It is, therefore, considered a fit case to invoke the inherent powers of the Court under Section 482 Cr.P.C and quash further proceedings against the petitioners/A-5 and A-6 in C.C.No.41 of 2009, on the file of the Additional Judicial Magistrate of the First Class, Narsapur, West Godavari District and they are accordingly quashed. Proceedings against accused can, however, go on. 8. In the result, the criminal petition is allowed. Interim stay granted earlier stands vacated. _____________________ G.V.SEETHAPATHY, J 09th December, 2010 Lrkm. IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.P.No.2703 of 2009 Between:- Puvvuala Naga Suryavathi …Petitioner A n d The State Rep. by its Sub-Inspector of Police, Elamanchili P.S., Elamanchili, Elamanchili Mandal, West Godavari District and two others …Respondents