IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1993 OF 2009 Between: Shaik Aktharunnisa and others .....PETITIONERS AND The State of Andhra Pradesh and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1993 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings against the petitioners/A4, A8, A9, A10 and A11 in C.C.No.304 of 2008 on the file of II Additional Judicial Magistrate of First Class, Kadapa. 2. The allegations in the charge sheet would go to show that marriage of the second respondent/de facto complainant with A1 was performed on 11.12.2005 after payment of dowry as demanded by the accused, and they were blessed with a female child on 22.08.2006. It is alleged that the accused started demanding Gold and Motor Cycle for delivery gifts and when her parents were unable to fulfill the demand, they wrongfully confined second respondent in the room and beat her with hands, and she was subjected to mental disorder and humiliation. It is alleged that on 15.02.2007, the second respondent was driven out of the house and since then she was living at her paternal uncle’s house at Kadapa. On 13.07.2008, a panchayat was held by the elders and as the accused demanded additional dowry, the talks were failed. 3. Learned counsel for the petitioners contended that the present petitioners were residing far away from the residence where the second respondent/de facto complainant and A1 used to live; that they have nothing to do to with the family affairs of the second respondent and A1; that they were falsely implicated in this case for the reasons best known to the second respondent; that it is highly improbable to believe that the petitioners were present in the panchayat and hence, he prays to quash the proceedings against the present petitioners. 4. On the other hand, the learned counsel for respondent No.2 contended that the allegations in the charge sheet made out a prima facie case for the offences alleged and there are no grounds to quash the proceedings. 5. Inherent powers under Section 482 Cr.P.C. can be invoked when there is an abuse of process of Court or to secure ends of justice or to give effect to the orders passed under the Code. When the allegations in the charge sheet made out a prima facie case for the offence alleged, then the question of quashing the charge sheet does not arises. At this stage, the allegations in the charge sheet cannot be tested as true or incorrect, because that has to be decided and determined by the trial Court. 6. The allegation is that all the present petitioners along with other accused demanded a sum of Rs.5,00,000/- before the elders. Husband or relatives of husband coercing the wife or any person related to her to meet any unlawful demand for any property or valuable security is cruelty within the meaning of Section 498A I.P.C. Therefore, the prima facie case of unlawful demand for additional dowry is rightly made out against the petitioners, which is cruelty within the meaning of Section 498A I.P.C. Hence, there are no grounds to quash the proceedings against the present petitioners. 7. The learned counsel for the petitioners contended that since the petitioners are residing at far away place from the Court where the case is pending, the presence of the petitioners may be dispensed with. 8. Accordingly, the Criminal Petition is dismissed. However, it is made clear that the petitioners, if so advised, can file an application before the trial Court to dispense with their presence and the trial Court shall pass appropriate order after duly taking note of the fact that they are residing far away from the Court, where the case is pending. _______________ K.C. BHANU, J August 06, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.1993 OF 2009 August 06, 2010