HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1104 OF 2009 ORDER: This criminal petition is filed by the petitioners-accused Nos.3 to 5, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in C.C.No.64 of 2008 on the file of the Judicial Magistrate of First Class, Allagadda, taken on file for the offences punishable under Sections 498-A, 323 and 506 IPC r/w 34 IPC. Facts of the case are that the defacto complainant, 2nd respondent herein, filed a complaint before the P.S. Rudravaram against her husband- A.1 and his brother-A.2 and the petitioners herein, alleging that they are harassing her physically and mentally for additional dowry and the same was registered as Crime No.61 of 2006. The police referred it as ‘a mistake of fact’. Being aggrieved by the same, the 2nd respondent filed a protest petition before the trial Court and after coming to a conclusion that there are sufficient grounds for proceeding against the accused, basing on the sworn statements of the 2nd respondent and other witnesses, the learned Magistrate took cognisance of the offences punishable under Sections 498-A, 323, 506 r/w 34 IPC against all the accused and issued summons to them, by an order dated 16.04.2010. The main allegation against the petitioners herein is as follows: “During the marital life, the complainant begot two daughters through A.1. Elder daughter by name Anuradha is staying at home. Second daughter by name Vasundhara is studying 10th class. While things stood thus, A.1 to A.3 used to harass the complainant physically and mentally since last 5 years for additional dowry of Rs.25,000/- and in the marital life with A.1, for not begetting male child and A.4 and A.5 also used to harass the complainant with regard to additional dowry as the complainant was not blessed with male child. A.2 to A.5 used to instigate A.1 to kill complainant and A.1 can get 2nd marriage and at last driven the complainant out of their house.” This Court has gone through the entire complaint and it does not disclose any harassment by the petitioners herein in connection with additional dowry and it is also seen from the record that they used to harass the 2nd respondent on the ground that she is not blessed with a male child. Considering the facts and circumstances of the case, this Court is of the view that the proceedings initiated against the petitioners herein in the C.C. can be quashed. Accordingly, the criminal petition is allowed and the proceedings initiated against the petitioners herein-accused Nos.3 to 5 in C.C.No.64 of 2008 on the file of the Judicial Magistrate of First Class, Allagadda, are hereby quashed. In so far as accused Nos.1 and 2 are concerned, the learned Magistrate is directed to proceed with the case, in accordance with law. __________________ RAJA ELANGO, J 26th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1104 of 2009 (Allowed) 26th August, 2010 CBS