THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.649/2006 Dt.3-9-2010 1. Bhupathiraju Rajam Raju and another ..Petitioners/A-1 and A-2 V. 1. The State by Kukatpally Police Station, Kukatpally, Cyberabad, Ranga Reddy District, represented by its Public Prosecutor, High Court of A.P. Hyderabad and another. ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.649/2010 ORAL ORDER This petition under Section 482 Cr.P.C., is filed by the petitioners/A-1 and A-2 in CC No.277/2004 on the file of Judicial First Class Magistrate, West and South, at NTR Nagar, Ranga Reddy District registered for the offences punishable under Section 498-A, 420, 506 and Section 4 of Dowry Prohibition Act,1961, to quash the proceedings initiated against them. The petitioners. who are A-1 and A-2 in CC No.277/2004, are the parents of the second respondent’s husband late Nagesh Varma. The second respondent, who is the wife of late Nagesh Varma, lodged a complaint with the Police, Nakrekal Police Station, on the basis of which, Nakrekal Police registered Cr.No.55/2003 under Sections 498-A, 420, 406 IPC and Sec. 4 of Dowry Prohibition Act, 1961. On point of jurisdiction, the same was transferred to Vanasthalpuram Police Station, where Cr.No.562/2003 was registered. Again on point of jurisdiction, the same was transferred to Kukatpally Police Station, where Cr.No.1029/2003 was registered. Ultimately, Sub-Inspector of Police, Kukatpally Police Station, after investigation filed the charge sheet for the offences punishable under Sections 498-A, 420, 506 and Sec.4 of Dowry Prohibition Act, 1961 stating that the marriage of the complainant with the son of the petitioners herein was performed on 2-9-1999 at Hyderabad. After marriage the complainant joined the company of her husband and A-1 and A-2. The husband of the complainant and A-2 prevailed upon her to get Rs.1,00,000/- from her parents, L.Ws.2 and 3, for starting some business. LWs.2 and 3 arranged the said amount. Again after four months, when the complainant joined her husband, A-2 used to frequently pressurized her- L.W.1 to ask her parents to sell away the house and get the amount. A-3 also proposed the same. A-3 arranged the marriage between the complainant and the son of the petitioners herein who are A-1 and A-2. With out knowledge of the complainant, her husband took her gold ornaments and pledged with the pawn broker. Ultimately, on 31-3-2003, complainant’s husband hanged himself and died. Prior to his death, himself ad A-2 pressurized the complainant to sell away the house. A-3, who is a close relative of A-1, knows that Nagesh Varma is not a graduate and had all bad vices. He intentionally cheated the complainant and her parents. Due to cheating, life of the complainant has been spoiled. A-1 and A-2 committed criminal breach of trust as they failed to put Rs.50000/- in the fixed deposit in her name out of dowry amount of Rs.1,50,000/-. They also retained silver articles like pooja samans worth Rs.25,000/-. They also harassed the complainant physically and mentally with a view to sell away the house at Vinasthalipuram. The charge sheet would further disclose that during the course of investigation, the investigating officer examined L.Ws.1 to 9 and recorded their statements in detail and after due enquiry came to the conclusion that the accused committed the offences as referred to above The allegations levelled against the petitioners and another, prima, disclose commission of cognizable offences, which have necessarily to be enquired by the Magistrate, and the prosecution should be given an opportunity to prove its case against the petitioners and another by leading evidence. Therefore, the proceedings cannot be scuttled at the initial stage without enquiry, The Criminal Petition is accordingly dismissed. However, learned Magistrate shall dispose of CC No.277/2004 on the file of Addl. Judicial First Class Magistrate, West and South, at NTR Nagar, Ranga Reddy District, within a period of six (6) months from the date of receipt of a copy of the order, uninfluenced by any of the observations made hereinabove. ______________ A.GOPAL REDDY,J Dt.3-9-2010 kmr