THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5712 of 2011 ORDER: The present Criminal Petition is filed by the petitioners/A2 and A3 under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Crime No.375 of 2010, which was registered on a private complaint filed by the 2nd respondent herein for the offences under Sections 498-A, 406, 326 read with Section 34 of the Indian Penal Code, 1860 (for short “IPC”). The gist of the accusation in the complaint is that the 2nd respondent was married to the son of the petitioners and he was in London and during the marriage and after the marriage there were some disputes. It appears that the passport of the complainant are said to be detained either by the husband or by the accused- petitioners and there seems to be some dispute with regard to the return of the same. But, whatever may be, the dispute is with regard to the return of the passport and with whom it is available. The gist of the accusation made in the complaint is that she was physically beaten, ill- treated and was just treated like a servant. Learned counsel for the petitioners tries to defeat the complaint of the 2nd respondent on the ground that repeatedly the grievance of the 2nd respondent was for return of the passport, which is available and this complaint is a counterblast to the case in F.I.R.No.12 of 2010, which was lodged in January, 2010 by the sister and others of the husband of the 2nd respondent. In this case, they are not concerned about the retention of the passport or return of the same. The inconsistent allegation, whether it was with the husband or with the accused-petitioners, has no relationship. So far as the case on hand is concerned, it is a case where specific allegations attracting offence under Section 498-A of IPC with regard to the ill-treatment, beating and demand for dowry were made. The truth or otherwise of those allegations can only be decided by investigation. Therefore, at this stage, the complaint cannot be defeated on the ground that it is essentially a resort to abuse of process of law for return of the passport. Therefore, in view of the above circumstances, it is not a case where the complaint is to be quashed. I have no hesitation in holding that prima facie allegations are made in the complaint, which are to be investigated by the police and when there are ill-feelings between the parties and earlier a complaint was already lodged against the 2nd respondent and other family members. Therefore, the Criminal Petition is dismissed. However, the arrest of the accused-petitioners herein is stayed till filing of the charge sheet. ________________________ N.R.L. NAGESWARA RAO, J Date: 19-07-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 5712 of 2011 DATE: 19-07-2011 MR