HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1773 OF 2007 Date: 09.02.2010 Between: Ogalapu Murali Rambabu ……Petitioner And: The State of A.P., rep. by S.H.O., Yelamanchili and through PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1773 OF 2007 ORDER: This petition is filed by the 1st accused under Section 482 Cr.P.C for quashing proceedings in CC.No.184 of 2004 on the file of Judicial Magistrate of the First Class, Yelamanchili relating to offence punishable under Section 498A I.P.C. Marriage of the petitioner with the 2nd respondent/defacto-complainant took place on 28.04.2002. They have one son. It is contended by the petitioner’s counsel that no specific allegations were made against A-1 about any harassment of the 2nd respondent for the sake of dowry. On perusal of allegations in the charge sheet, it is evident that A-1 used to abuse the 2nd respondent as he was not given motor cycle by her parents as promised by them at the time of marriage and that even though father of the 2nd respondent paid advance of Rs.10,000/- for motor cycle in the name of A-1 in Harsha Motors, it was refused by A-1. It is further alleged that since then, the accused repeatedly harassed the 2nd respondent. It is further alleged that the accused asked the 2nd respondent to go for abortion and that after birth of male child, A-1 hesitated to perform naming ceremony of the newly born son and that on 12.01.2004 A-1 went to see of parents of the 2nd respondent and raised dispute and asked her to meet him in Court. It is contended relaying upon Savitri Devi v. Ramesh Chand,[1] of the Delhi High Court that mere non acceptance of gifts does not amount to cruelty. In the case on hand, it is not case of the mere non acceptance of gifts. But, it is alleged that the de facto-complainant was harassed by way of abusing her and discarding her for the sake of motor cycle which was promised to be given by her parents at the time of marriage. Therefore, it cannot be said that allegations in the charge sheet do not contain any ingredients relating to offence punishable under Section 498A I.P.C. I do not find any valid or legal reasons to give relief to the petitioner in this petition. In the result, the petition is dismissed. However, the lower Court is directed to expedite trial of the case as it is a case of the year 2004. __________________________________ SAMUDRALA GOVINDARAJULU,J Date:09.02.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1773 OF 2007 Date: 09.02.2010 Gk. [1] 2003 CRI.L.J.2759