HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11556 of 2011 ORDER: This criminal petition is filed by the petitioners-accused Nos.1 to 3, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in S.C.No.512 of 2011 on the file of the VIII Addl. District & Sessions Judge, West Godavari at Kovvuru, for the offence punishable under Section 304-B read with 34 of IPC. Briefly, the case of the prosecution is that the S.H.O., Tallapudi P.S., West Godavari District, registered Crime No.19 of 2010 against the petitioners herein for the offence under Section 304-B read with 34 of IPC, basing on the complaint given by the 2nd respondent herein alleging that her daughter namely Srilakshmi was given in marriage to the 3rd son of one Indugula Satyanarayana, that they have given one and half acre of agricultural land and an amount of Rs.2,50,000/- towards cash as dowry, that she received phone calls from her daughter with regard to harassment for additional dowry, that on 18.2.2010 she received a phone call that her daughter died, and that the death of her daughter is not natural but it is a murder due to conspiracy of members of her in-laws family. After completion of investigation, the police laid charge sheet against the petitioners for the said offence before the II Addl. Judicial Magistrate of First Class, Kovvur, who, having numbered the same as P.R.C.No.46 of 2010, committed the case to the Court of Sessions, West Godavari at Eluru. The Sessions Judge numbered the same as Sessions Case No.512 of 2011 and made over the same to the VIII Addl. District & Sessions Judge, West Godavari, at Kovvuru, for disposal in accordance with law. Learned counsel for the petitioners has contended that the investigation reveals that no offence was committed by the petitioners and only on presumptions and assumptions, the petitioners were implicated in the present case without there being any evidence. He further contended that the deceased died by setting her ablaze by pouring kerosene on her and prior to that, the deceased was said to have written a suicide note wherein she stated that “she is still loving A.1 and she is going to die to enable A.1 to marry another girl whom he likes”. Except that, nothing was alleged by the deceased against the petitioners and in the absence of any allegation in the alleged suicide note, the proceedings against the petitioners are nothing but abuse of process of law. This Court perused the entire record. The suicide note dated 18.2.2010 alleged to have been written by the deceased runs as follows: “I never expected that this day will come in my life. The situation shall not come to any one. Vamsi I love you. If I re- born I want to born as a wife to you as you like, but not like this. I do not know whether my death will give happiness or sadness to all of you. But, I have no other option except to die. But, I do not have so much problems to die. No one is responsible for my death. Vamsi, you must marry the girl whom do you like. It is not possible to marry some other girl when I am alive. Daughter of Indugula Kantham has given Rs.10,000/- and I kept in the computer desk. Mom, you did so much for me. But, I am going by causing injustice to you. Please excuse me. I know it is wrong. But, I do not know what to do. I feel that even though everything was given, but nothing was given. I have no problem from my mother-in- law’s house, But I am suffering with unbearable thoughts and as such I decided that death is the way for it. I know it is a crazy decision.” As seen from the above, it is clear that the death of the deceased is not due to dowry harassment or cruelty by the petitioners. Therefore, this Court is of the view that there is nothing to proceed against the petitioners in this case and the proceedings initiated against the petitioners are nothing but abuse of process of law and, hence, they are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioners herein in S.C.No.512 of 2011 on the file of the VIII Addl. District & Sessions Judge, West Godavari, Kovvuru, and consequently, the petitioners are acquitted of the offences. Miscellaneous Petitions, if any, filed along with the Criminal Petition shall stand closed. __________________ RAJA ELANGO, J 17th November, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11556 of 2011 (Allowed) 17th November, 2011 cbs