HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:5394 OF 2010 ORDER: The petitioners herein are facing trial in C.C.No.178 of 2010 pending on the file of the Judicial First Class Magistrate, Karimnagar, for the offence punishable under Section 498-A IPC and Section 4 of Dowry Prohibition Act. Stating that the continuance of the said proceedings is nothing but an abuse of process of the Courts, the petitioners approached this Court by filing the present petition. Brief facts are that the marriage between the 1st petitioner herein and the defacto-complainant i.e., the wife was performed on 11.1.2007 as per their custom. After marriage, for some time they lived happily and a daughter was also born out of their wedlock. However, the petitioners herein started harassing the defacto-complainant, who is arrayed as 1st respondent herein, for additional dowry and in that context, they used to harass her by beating, burning with cigarettes, abusing her in filthy language and that she has borne a female child. Unable to bear the said harassment, she gave a report before the Women Police Station and the same was registered as a case in Crime No.15 of 2009 against the petitioners herein for the offences as stated supra. After completion of the investigation, charge sheet was filed and the learned Magistrate took cognizance of the same and it is numbered as C.C.No.178 of 2010 and the same is questioned in this petition. On 23.6.2010, while ordering notice before admission, this Court permitted the learned Counsel for the petitioners to take out personal notice to the 1st respondent and file proof of service. Though the 1st respondent is served, she has not chosen to enter her appearance. Heard the learned Counsel for the petitioners and the learned Public prosecutor. The main submission of the learned Counsel for the petitioners is that the 1st respondent has unnecessarily implicated all the petitioners herein. In the light of this submission, this Court looked into the charge sheet. As per the charge sheet allegations, it was the 1st petitioner, who was harassing the 1st respondent and the other petitioners are instigating the 1st petitioner. From the perusal of the charge sheet, no offence is made out against petitioners 2 to 5. In my considered view, the said allegation is not sufficient to try petitioners 2 to 5. In a catena of decisions, it is held that the alleged harassment etc., shall be specific and if there are no specific allegations, it is for the Courts to invoke its extraordinary jurisdiction conferred under Section 482 Cr.P.C., and quash the said proceedings. As this Court is convinced that there are no specific allegations insofar as petitioners 2 to 5 are concerned, this Court can definitely quash the said proceedings. However, as the 1st respondent made clear allegations against the 1st petitioner, who is none other than her husband, this Court is not inclined to quash the proceedings against him. In the above circumstances, the petition insofar as 1st petitioner is concerned, is dismissed and the same is allowed insofar as petitioners 2 to 5 are concerned. Accordingly, this petition is partly allowed. ______________________________ Justice Gopala Krishna Tamada Dated: 18.1.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:5394 OF 2010 18.01.2011