HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.8431 OF 2009 DATED.29-12-2011 ORDER: This Criminal Petition is filed by the Petitioners/Accused Nos.4 and 5 (For short, ‘A-4 and A-5’) under Section 482 of Cr.P.C. seeking to quash proceedings in Crime No.166 of 2009 on the file of Nagaram Palem Law and Order police station, Guntur, registered for offences punishable under Sections 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, 1961 (For short, ‘The Act’). 2. Whereas the petitioners are A-4 and A-5, the Respondent No.2 is the de-facto complainant in the Criminal Case. For the sake of convenience, I refer the parties as arrayed in the Criminal Case hereafter. 3. In brief the prosecution version is as follows : The de-facto complainant is the legally wedded wife of A-1 in this case, A-2 and A-3 are the parents of A-1 and A-4 and A-5 are the sisters of the father-in- law of the de-facto complainant. The marriage of the de-facto complainant with A-1 was performed on 04-05-2008 in Revenue Kalynamandapam at Guntur. At the time of marriage the parents of the de-facto complainant deposited an amount of Rs.6,50,000/- in the bank account of her father-in-law and also gave an amount of Rs.10,000/- towards clothes and another amount of Rs.30,000/- for purchasing gold chain and ring to A-1. After their marriage, at the demand of A-1, the parents of the de-facto complainant further deposited an amount of Rs.52,000/- in the bank account of A-1 for purchasing Honda Shine motor cycle. Thereafter, the de-facto complainant went to the house of A-1 to lead conjugal life. In the early days of marriage, she was looked after very well by A-1 to A-3. Thereafter, A-1 to A-3 along with A-4 and A-5 and others used to harass the de-facto complainant mentally and physically to bring additional dowry of Rs.20,00,000/- and as she failed to do so, they necked out her from the house on 05-05-2009. Subsequently, on 31-05-2009, A-1 went to the parents of the de-facto complainant and beat her and also tried to kill her before her parents. Immediately thereafter, the parents of the de-facto complainant lodged a report in Nagarampalaem police station alleging that there was no cohabitation between the de-facto complainant and A-1 and A-1 to A-5 used to harass the de-facto complainant for additional dowry. Upon receiving the said report, the police called A-1 and his relatives and conducted enquiry, upon which A-1 confessed that he would take care of the de-facto complainant promising to undergo counseling before a doctor at Guntur. But, thereafter also there was no change in the attitude of A-1 and the in-laws of the de-facto complainant. Further, they tried to beat mediators sent by the parents of the de-facto complainant for settlement in Hyderabad on 19-07-2009. Hence, A-1 to A-5 are liable to be punished for the alleged offences. 4. It is the main contention of learned counsel for A-4 and A-5 that significantly A-4 and A-5 are the sisters of the father-in-law of the de- facto complainant who live at Giddaluru of Prakasam district which is at a distance of 400 K.M.s from Hyderabada, whereas A-1 to A-3 are living in Hyderabad and there are no specific allegations against them and they have been falsely implicated in this case and hence the entire proceedings against A-4 and A-5 are liable to be quashed. 5. On the other hand, it is the contention of learned counsel for the de-facto complainant that prima-facie there is material to prosecute A-4 and A-5 also for the alleged offences and unless necessary trial is conducted it cannot be said that they are innocents of the charges. 6. The point for consideration is whether sufficient grounds are there in order to quash the proceedings as prayed for? 7. I have gone through the record and only bald allegations are made against A-4 and A-5. Further they live far away from Hyderabad. Section 498-A I.P.C. is widely misused by planting all those related to male spouses in cases of this nature, which practice is to be curbed. By false implications the very purpose of Section 498-A is being defeated and it is affecting the system of marriage. In fact, by doing so, even genuine cases of harassment of wife will be defeated. Hence, it is a fit case to quash the proceedings. Accordingly, with the above observations, the Criminal Petition is allowed quashing the entire proceedings against A-4 and A-5 in Crime No.166 of 2009 on the file of Nagaram Palem Law and Order police station, Guntur. __________________________ G. KRISHNA MOHAN REDDY, J Dated: 29-12-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY 246 CRIMINAL PETITION No.8431 OF 2009 December, 29, 2011 DSH