HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.1458 OF 2008 DATE: 12-08-2011 BETWEEN: Shaik Shabbir and four others. - - - Petitioners/A-1 to A-5. AND Shaik Haseena and The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad. - - - Respondents/ Complainants. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.1458 of 2008 ORDER: This Criminal Petition is filed by the Petitioners/A-1 to A-5, under Section 482 Cr.P.C., seeking to quash the proceedings in C.C. No.274 of 2007, pending on the file of II Additional Judicial Magistrate of First Class, Kothagudem. 2. The Petitioners are A-1 to A-5 and the Respondents No. 1 is the De-facto Complainant in the Calendar Case. 3. For the sake of convenience, I refer the parties as arrayed in the Calendar Case. 4. The case of the de-facto complainant is as follows : A.2, A.3 and A.5 are the elder sisters of A.1 and A.4 is the husband of A.3; that the marriage of the Petitioner No.1/A-1 was performed with the de- facto complainant about 5 years ago and at the time of marriage, the parents of the de-facto complainant gave Rs.2,00,000/- in cash towards dowry to A-1 apart from giving 6 tulas of gold, household articles and thereafter they lead happy marital life for two years and were blessed with a daughter and later the Petitioner No.1 with the active support of his sisters and brother-in-law i.e., A-2 to A-5 started harassing her mentally and physically and sent her out demanding her to bring additional dowry. When the matter was placed before her parents and then before community elders, the de-facto complainant was consoled and sent back to her matrimonial house but in spite of that, the Accused Nos. 1 to 5 continued their harassment for additional dowry and about 7 months prior to the filing of the complaint, on the advise of the Petitioners Nos.2 to 5, A-1 beat her and sent her out demanding her to bring Rs.2,00,000/- as additional dowry and ever since she has been staying with her parents. Further, the Petitioner/A- 5 elder sister of A-1 and another sister of A-1 also harassed her. 5. It is the contention of learned counsel for the Petitioners/A-1 to A-5 that there are no specific allegations against the Petitioners/A-1 to A-5 to attract the offences punishable under Section 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, 1961 and hence the entire proceedings against the Petitioners/A-1 to A-5 are to be quashed. 6. Now the point for consideration is whether there are sufficient grounds to quash the entire proceedings against the petitioners/A-1 to A-5? 7. There are specific allegations against the Petitioners/A.1 to A.5. Therefore, it is not advisable to quash the proceedings against them. However taking into consideration the circumstances of the case, it is advisable to dispense the presence of A.2 to A.5 before the concerned Magistrate Court till the commencement of the trial. 8. In the result, the Criminal Petition is dismissed and the presence of the petitioners 2 to 5/A.2 to A.5 before the concerned Court is dispensed with till the commencement of the trial. ___________________________ G. KRISHNA MOHAN REDDY, J Dated: 12-08-2011. Vjl