THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.3570 OF 2009. DATED: 12-10-2009. Between: 1.Syed Siddiq Ahmed and five others … Petitioners/ accused and 1. State of A.P. rep by Public Prosecutor, High Court of A.P., Hyderabad and another. …Respondents/Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.3570 OF 2009. ORDER: This Criminal Petition by the petitioners-accused under Section 482 Cr.P.C. is filed to quash F.I.R.No.172 of 2009 on the file of Nizamabad Rural Police Station, which was registered of the offences punishable under Sections 498-A IPC and 3 and 4 of Dowry Prohibition Act. 2. It is alleged in the complaint that on 05-04-2009 at about 7.30 P.M., all the accused came to the parents house of the 2nd respondent in an auto and one motor cycle and demanded to handover her son to them, otherwise bring the additional dowry of R.50,000/- and come to their house with the dowry amount and abused her mother and brothers in filthy language and also tried to snatch her son, but the surrounding persons came and rescued her. When they questioned the accused as to why they are doing these acts and harassing the lady without any cause or reason, the accused stated that they have not received any amount and even after the death of M.A.Qayyum, they failed to pay Rs.50,000/- as additional dowry. The accused also threatened the 2nd respondent saying that nothing will happen on lodging the complaint and they habituated to appear in the Police Station and Courts and know how to manage the police and how to escape from the offences and also threatened that if she went to any police station to lodge further report against them, her dead body and also the dead bodies of her family members will lie on the roads and by abusing them, the accused went away. On 12-05- 2009 at about 9.00 P.M., the husband of the 2nd respondent and her father-in-law came to their locality and rounding their house to take away her son as she failed to comply their illegal demand of additional dowry. 3. Learned counsel appearing for the petitioners contended that for self same allegations, the de facto complainant lodged a complaint with the police, which was registered as Cr.No.151 of 2006 and the police after completion of investigation, filed the final report treating the case as mistake of fact, that after taking Talaq by the competent authority on 20-04-2009, the present complaint is filed as a counterblast to the Talaq, that vague allegations are levelled against the petitioners, that the allegation that the petitioners went to the parents house of the complainant on 05-04- 2009 is false and hence, he prays to quash the proceedings. 4. On the other hand, learned counsel appearing for the 2nd respondent contended that an undertaking was given by the petitioners that they live with the complainant amicably, that the allegations in the present complaint would go to show that all the petitioners demanded the complainant to bring additional dowry of Rs.50,000/-, that whether the present complaint is a counterblast or not is a matter to be enquired and decided by the competent authority and hence, he prays to dismiss the petition. 5. If prima facie offence is made out from the allegations, quashing of F.I.R. at the threshold is not desirable. The allegation is that on 05-04-2009 at about 7.30 P.M., all the accused went to the house of the parents of the complainant and harassed her to bring additional dowry of Rs.50,000/-. Harassment by the husband or relative of a husband of a woman for property or valuable security is a cruelty within the meaning of Section 498-A IPC. Whether the present complaint is filed after knowing the Talaq is a matter required to be decided during the course of investigation. By seeing the allegations, question of fact cannot be resolved exercising inherent powers under Section 482 Cr.P.C. Since the allegations made out prima facie case of the offences alleged, question of quashing the proceedings does not arise. 6. Accordingly, the Criminal Petition is dismissed. -------------------- K.C.BHANU, J DATED:12-10-2009 Hsd