HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6766 of 2008 Date:07.04.2011 Between: Smt Sajida Begum and 4 others. ….Petitioners. And: Smt Nishat Fatima and another …..Respondents. HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6766 of 2008 ORDER: This petition is filed under Section 482 Cr.P.C for quashing the proceedings in C.C.No.321 of 2004 on the file of XXII Metropolitan Magistrate, Hyderabad. The Charge Sheet in C.C.No.321 of 2004 was filed by the Inspector of Police, Woman Police Station, South Zone, Hyderbad against the present petitioners for the offences under Sections 498- A, 323 and 420 read with 34 IPC. As per the averments made in the charge sheet, the 1st respondent has lodged a complaint and basing on the complaint, the police registered a case in Crime No.208 of 2003 and investigated into the crime and filed charge sheet. As per the charge sheet, the marriage between the 1st respondent and the A . 1 was performed on 9.3.2001 at Orient Function Hall, Mehdipatnam, Hyderabad. The Ghoda Joda amount to a tune of Rs.4,45,375/- and huge jahez articles was born by her parents in the marriage. At the time of marriage for arrangements of marriage, the parents of the 1st respondent spent an amount of Rs.40,00,000/- and other expenses of salamis and jumagies up to Rs.19,305/-. They also spent Rs.20,000/- towards Mehndi and Sanchak for bridegroom suit pair, shervani, shoes and other items. After the marriage, she lived with her husband for three months and thereafter on the instigation of other accused persons her husband started harassing her for additional dowry of Rs.1.00 lakh for going abroad. She informed to her parents and her parents gave Rs.60,000/- to her husband and with that amount he left to Riyadh on 12.7.2001. Her husband left her in the house at mercy of other accused persons who used to control the complainant by not providing daily meals and used to quarrel with the complainant on petty matters and abuses her in filthy language. On 31.12.2001 her mother in law suspecting her character and took her to lady doctor for testing and her mother-in- law told the doctor to give wrong report and pressed her to prescribe wrong medicines to the complainant. On 30.7.2003, she was driven out of the house and later she received a notice of divorce from her husband. The learned counsel for the petitioner pleaded that the 1st petitioner is mother-in-law and the 2nd petitioner is the father-in-law of the defacto-complainant i.e., the 1st respondent and they are aged about 61 and 65 years and the 2nd petitioner is unable to move from the bed and therefore, the question of harassing the 1st respondent by them does not arise. More over as her husband has issued notice of divorce to her she has lodged a false complaint against the present petitioners and her husband. The averments made in the charge sheet prima facie shows that the offences under Sections 498-A, 323 and 420 IPC. The contention of the petitioners is that as the A.1 has given divorce notice to the first respondent, she has lodged a false complaint. It may be true that the defacto-complainant has lodged the complaint subsequent to receiving of the divorce notice from her husband but that cannot be a ground for quashing of the proceedings, as prima facie material is available on record to show the alleged offences against the present petitioners. Therefore, in the above said circumstances, I hold that the petitioners are not entitled for quashing of the proceedings as prayed for. The trial court is directed to proceed with the trial uninfluenced by the findings made in this order. In the result, the criminal petition dismissed. _____________________ P.DURGA PRASADJ. Date:07.04.2011. Gk. HON’BLE SRI JUSTICE P. DURGA PRASAD CRIMINAL PETITION No.6766 of 2008 Date:07.04.2011 Gk.