THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.5652 OF 2008 15.07.2010 Between: Gaddam Bhaskar And another. ...Petitioners And State, rep. by Public Prosecutor High Court of A.P., Hyderabad And another. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.5652 OF 2008 ORDER: Gaddam Vijay Kumar is adopted son of petitioners 1 and 2. Second respondent is wife of Vijay Kumar. She gave a report to P.S., Subedari, Warangal, which was registered as crime No.325 of 2008 under Section 498-A of Indian Penal Code, 1860 (IPC). This petition is filed for quashing the same. Counsel for petitioners submits that second petitioner herein filed a suit for eviction of second respondent and her husband from first floor portion of house bearing No.2-6-1353, Bhavaninagar, Hanamkonda and as a counter blast, adopted son induced second respondent to give a police compliant alleging harassment for dowry. She also placed before this Court an undertaking allegedly given by Vijay Kumar and the second respondent agreeing to keep good behaviour and also giving liberty to petitioners to evict second respondent and her husband. It is now well settled that the inherent power under Section 482 of Code of Criminal Procedure, 1973 (CrPC) cannot be used to quash a criminal investigation and State acting for police must be allowed to investigate cognizable offence. There are, however, exceptions to this rule. One such exception is that when Court comes to a conclusion that criminal proceedings and investigation are in gross abuse of the process of law and such criminal investigation is likely to result in miscarriage of justice. As held by State of Haryana v Bajan Lal[1], if the allegations made in the complaint on the face of it do not disclose any cognizable offence, the investigation cannot be gone into. Applying this test, this Court has perused the report of police. There is a clear allegation that petitioners harassed her mentally and physically for additional dowry of Rs.5,00,000/- (Rupees five lakhs only). This is sufficient to attract the offence under Section 498-A of IPC. The truth or otherwise and the various contentions now made have to be tested after regular trial. Public Prosecutor submits that the investigation is completed and L.W.1 to L.W.8 have been examined, charge sheet could not be filed due to pendency of this case. The police may file charge sheet immediately. Thereafter the concerned criminal Court shall dispose of the matter as expeditiously as possible within a period of six months. Be it made clear that any observations made in this petition are intended only for the purpose of disposal of the criminal petition and the criminal Court has to decide the same independently. The criminal petition is accordingly dismissed. No order as to costs. _______________ (V.V.S.RAO, J) 15.07.2010 Pln [1] AIR 1992 SC 604 : 1992 Supp (1) SCC 335