THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5031 of 2010 ORDER: The petitioners 1 to 3/A-2 to A-4 are accused of offences punishable under Sections 498-A, 506 IPC and Sections 3 and 4 of Dowry Prohibition Act and Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, ‘the Act’) along with another. A-1 is husband of the defacto complainant/second respondent. A-1 is not figuring as petitioner herein. A-2 to A-4 are mother, brother and uncle of A-1. Previously the second respondent gave report against A-1 to A-3 in Tukaram Gate Police Station alleging offences under Sections 420, 376 IPC and Sections 3 (1)(ii) and 3 (1) (iii) of the Act in Crime No.70 of 2005. She alleged premarital sex between her and A-1 on the promise of A-1 marrying her and subsequently A-1 cheated her. After few days of registration of the said case, there was compromise deed entered into between the parties resulting in A-1 agreeing to marry the second respondent. It is stated that the marriage was performed between A-1 and the second respondent in the Police Station itself. Subsequently, A-1 filed petition before the Family Court, Secunderabad, for annulment of their marriage and the second respondent filed another petition before the Family Court against A-1 for restitution of conjugal rights and that annulment petition was dismissed and restitution was ordered by the Family Court. As against the said orders of the Family Court, appeals are stated to be filed in this Court and they are stated to be pending. While so, there was exchange of notices between the second respondent and A-1. It is contended by the petitioners’ counsel that the second respondent threatened A-1 on phone and also threatened A-1 and the petitioners with filing of cases under the Act against them. It is further contended that in pursuance of the said threat, the second respondent gave this report to the police against A-1 to A-4. It is alleged in the report that after marriage A-1 started abusing her in the name of her caste and looking down her as she belongs to a lower caste and that A-1 used to proclaim that if he married another lady he would have got more dowry, and that A-1 also demanded her for further dowry of Rs.50,00,000/-. There was separation between the parties. It is further alleged in the report that on 24-04-2010 when the second respondent along with other named persons went to the house of A-1, A-1 to A-4 abused her and the persons accompanying her as Scheduled Caste vamps and bitches and threatened them to kill. It is contended that false case is foisted by the second respondent with an intention to coerce A-1 and his family members for compromise in the pending appeals between them. Truth or falsity of the allegations in the report cannot be subject matter in a petition of this nature under Section 482 Cr.P.C., as it is a question of fact. It is a matter for investigation and it is for the Investigating Officer to decide the same after collecting the entire evidence during investigation. There are no grounds to quash F.I.R. at its threshold. In the result, the petition is dismissed. However, the petitioners 1 to 3/A-2 to A-4 shall not be arrested during investigation and until filing of final report/charge sheet. _____________________________ SAMUDRALA GOVINDARAJULU, J October 20, 2011 PN THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5031 of 2010 October 20, 2011 PN