THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRIMINAL PETITION No.12562 OF 2010 ORDER: The petition is filed to quash the proceedings in M.C.No.2 of 2004 on the file of the XIII Additional Chief Metropolitan Magistrate, (Mahila Court), Hyderabad, which was confirmed by the V Additional Metropolitan Sessions Judge, Mahila Court, Hyderabad, in Criminal Revision Petition No.116 of 2010. 2. The application was filed by wife of the petitioner herein, who is said to have been divorced, for return of Jahez articles and a sum of Rs.25,000/- cash and also gifts and presentations. The claim of the wife of the petitioner is that at the time of her marriage, Jahez articles and cash were presented and it was evidenced by Ex.P.1 list and consequent on the divorce the said articles and cash have to be returned. The plea of the petitioner herein is one of total denial. The trial was conducted by the Metropolitan Magistrate and after considering the evidence of PWs.1 and 2 and Ex.P.1, the claim was allowed for return of Rs.2,25,000/- with interest at 18% per annum from 05.02.2004. Questioning the said order, the present application is filed. 3. The learned counsel for the petitioner herein contends that the lower Courts have erred in relying upon Ex.P.1 and the evidence of PWs.1 and 2 and in fact no jahez articles or cash was paid and the said order is not sustainable. Evidently, the petitioner herein has admitted that his wife has taken away the jahez articles at the time she left the matrimonial home. If really the articles were not given, there is no possibility of the wife taking away the said articles. In fact, it is customary also to present jahez articles and cash. Ex.P.1 is said to have been given reflecting the above facts. The lower Court has assessed the evidence and the criminal quash proceedings. There is no other material to accept the claim of the petitioner. 4. Therefore, the order of the lower Court in ordering the return of the articles and refund of Rs.2,25,000/- does not call for any interference. However, the grant of interest at 18% per annum is too penal provision and the interest is ordered to pay at 9% per annum on the said amount. With the above modification, the Criminal Petition is partly allowed. ________________________ N.R.L.NAGESWARA RAO,J Date: 18.07.2011 INL