HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.2937 OF 2008 DATE: 20-08-2011 BETWEEN: Md. Abdul Yassir. - - - Petitioner/Accused. AND The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad And another. - - - Respondents/ Defacto Complainant. This Court made the following : HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.2937 OF 2008 ORDER: This Criminal Petition is filed by the Petitioner/Accused (For short, ‘The Accused’) under Section 482 Cr.P.C., seeking to quash proceedings in C.C. No.103 of 2008, pending on the file of the Court of XIII Additional Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad for offences punishable under Section 498-A I.P.C. and Sections 3 and 4 of Dowry Prohibition Act, 1961 (For short, ‘the Act’) 2. Whereas the Petitioner is the accused, Respondent No. 2 is the defacto complainant in the Calender Case. For the sake of convenience, I refer the parties as arrayed in the Calender Case. 3. The case of the prosecution is as follows : The accused is the husband of the de-facto complainant namely Dr. Nissar Fathima. He is inhuman, unpredictable, sadist and very dangerous person to live with. She spent with him in two spells in U.A.E. from May, 2002 to November, 2002 and from January, 2004 to June, 2004 which was torturous, traumatic and unbearable. There he used to beat her black and blue and abuse her for not giving cash with regular jehaz. Some times it was so severe that she was facing unconsciousness. He also used to threaten to kill her some times there, further during her stay with him in Hyderabad from June, 2004 to January, 2005 similar harassment of her took place. Since the date of their marriage, the accused used to harass the de-facto complainant for want of additional dowry. Further, on 16-10-2004, the accused came to her father and abused her father using obscene and filthy language and also threatened to kill her father and hence the accused is liable to be punished for the offences for which he is charged. 4. No representation is made on either side when the matter is called. In the memorandum of Criminal Petition it is pleaded that the de-facto complaint gave a letter to the police of Malakpet, withdrawing the complaint lodged by her and as per the record, it is clear that the complaint was lodged by the de-facto complainant with a view to harass the accused to get his consent for divorce and consequently she obtained Khula divorce by threatening the accused. Further, even though no summons were served to the accused, N.B.W. was issued against him in the case and since the birth of a female child to them they have not lived together. Further, after the de-facto complainant obtained Khula divorce, the accused filed O.P. No.273 of 2007 seeking to declare the divorce as null and void and also filed O.P. No.274 of 2007 to appoint him (the accused) and the de-facto complainant as guardians of their minor child. Further, therefore it is a fit case to quash the proceedings in C.C. No.103 of 2008, pending on the file of the Court of XIII Additional Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad. 5. Now the point for consideration is whether there are sufficient grounds in order to uphold the claim of the Accused? 6. There are specific overt acts against the accused in the case. Even though as per the memorandum of Criminal Petition it appears that the de-facto complainant gave a letter dated 04-11-2006 to the police of Malakpet, Hyderabad withdrawing the complaint lodged by her and final report was filed in the matter, these circumstances cannot be taken into consideration to quash the proceedings. In view of the specific allegations leveled against the accused, necessary evidence is to be recorded to prove the allegations. Hence, it is not proper to quash the proceedings at this stage. Accordingly, for the foregoing reasons, the Criminal Petition is dismissed. ___________________________ G. KRISHNA MOHAN REDDY, J Dated: 20-08-2011. Dsh. THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.2937 OF 2008 August, , 2011 DSH