THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8310 of 2010 ORDER: Petitioners/A-2 to A-7 approach this Court with a prayer to quash the proceedings against them in C.C.No.740 of 2009 on the file of the II Additional Judicial Magistrate of First Class, Eluru, whereby they are facing charge for the offence punishable under Section 498(A) read with 34 of IPC. Heard. On perusal of the record, the petitioners herein are the mother and other family members of the husband of the de facto complainant. The husband of the complainant is not before this Court. In this case, police filed charge sheet and the same runs as follows: “L.W.1 is the complainant and at present she is residing at Ambedkar colony, 50th Division, Eluru at her parents house. She is the legally wedded wife of the above accused No.1. A2 is her mother in law. The rest of the accused are her brothers in law and sisters in law and co-sister. L.W.1 gave birth to two daughters during her wedlock with A1. The marriage of L.W.1 with A1 was held on 29.12.2000. At the time of marriage, the parents of L.W.1 paid Rs.50,000/- cash, 3 sovereigns of gold and sare samans worth Rs.40,000/- as per the demand of the above accused. For one year the accused looked after LW.1 well. In the 2nd year A2 slipped and sustained fracture to her leg and became bed ridden. Then L.W.1 looked after A2 well. At that time all the accused used to visit the house of L.W.1 and used to abuse L.W.1 that she is not looking after A2 well. A2 used to tell allegations against L.W.1. All the accused abused L.W.1 and A1 used to beat L.W.1 at the instigation of other accused. A2 and used to visit the house of L.W.1 frequently and used to harass L.W.1 alleging that L.W.1 is not looking after A2 well. A3 used to visit in the car and used to abuse L.W.1. All the accused used to harass the L.W.1 demanding to get additional dowry of Rs.50,000/-. A2 to A7 used to instigate A1 to beat L.W.1. Accordingly A1 used to beat L.W.1. Once all the accused attempted to kill L.W.1 by pouring kerosene oil, luckily A1 escaped from the accused and the accused thrown away L.W.1 from the house. The efforts made by the L.Ws.2 and 3 parents of L.W.1 through elders did not yield good results as the accused did not agree allow L.W.1 without additional dowry. The elders tried to settle the issue but the accused were reluctant to allow the L.W.1 without additional dowry. Then the elders suggested to report the matter to Police. Basing on a written report presented by the L.W.1 this case was registered at 5.00 p.m. on 10.09.2008 and investigated by L.W.6 and investigated into. 5 witnesses were examined and recorded their detailed statements. Thus the accused is liable for punishment under the above Section of law. Hence the charge.” From the said charge sheet, it is evident that the Investigation Officer has not taken any efforts to investigate the matter in the proper perspective. All the allegations in the charge sheet are bald in nature. For not even a single incident, the complainant has mentioned the date and time, and also the said allegations are admitted to be true, the same will not attract an offence under Section 498-A IPC and further the charge sheet also clearly indicates that the officer has not taken any efforts to examine the accused regarding the fact whether they are living together or not. In the complaint also, the complainant has not stated any particular incident and implicating any one with any specific overt act. In the said complaint she has stated all the names of the petitioners and also stated that they used to abuse and harass her for dowry and further it is stated that they demanded Rs.50,000/- as additional dowry. In the entire complaint as well as in the charge sheet, no where it is stated for whose benefit the said demand was made and whether these petitioners also the beneficiaries of the receipt of the dowry. Hence, this Court is of the view that the present complaint on the file of the II Additional Judicial First Class Magistrate, Eluru, West Godavari District, is only with an intention to harass the petitioners herein. Hence, the proceedings are liable to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings pending against the petitioners in C.C.No.740 of 2009 on the file of the II Additional Judicial First Class Magistrate, Eluru, West Godavari District, are hereby quashed. The Investigating Officer is at liberty to proceed against the husband of the de facto complainant and file final report either way. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 10th October 2011, Rns.