THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.4881 of 2009 Dated : 03.02.2010 Between : Smt.R.Mary Sita Devi & another ….. Petitioners/A.2 & A.3 a n d The State of A.P. & another ….. Respondents THE HON’BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL PETITION No.4881 OF 2009 ORDER : This criminal petition under Section 482 of Cr.P.C. is filed by the petitioners-A.2 & A.3 seeking to quash proceedings against them in C.C.No.243 of 2008 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, arising out of Crime No.134 of 2007 of Women Police Station, Begumpet, Secunderabad, registered for the offence punishable under Section 498A I.P.C. 2) Heard. 3) The contention of the learned counsel for the petitioners is that there is no material at all against these petitioners and that they are falsely implicated in the case. 4) The complaint, which runs into two typed pages, reads as follows : “I, Hemagrace W/o.Babu Benhur Rapaka aged 25 years, Occ:Pvt.Employee R/o.H.No.1-19-76A/2, Rasoolpura, Plicelines, Beside Jagadish Nagar colony, Begumpet, want to bring the following lines to your consideration and take necessary action. I got married to Bengur S/o.John Bilmoria on 19-05-2000 at Star gold Bible Church, Mehdipatnam according to Christian rights and customs. Ours is love cum arranged marriage. I, belongs to Reddy community and Benhur is a Christian. At the time of marriage my parents gave a plot of 200 sq.yards situated at Cherlapally, 12 tolas of gold and Rs.7000/- for Utensils and spent Rs.50,000/- towards marriage expenses. After marriage I joined my husband at their house at C-19, Fashion Apartments, west Marredpally, Secunderabad, and stayed there for two years. From the day one of my marriage, my husband and my mother-in-law, fathering-law started harassing me with a demand to bring additional dowry from my parents. They treated me like a maid servant and also made me to take of his grand mother who was suffering with paralysis stroke. As per their orders I took care of her like a nurse doing everything from giving bath to everything to her. On 14.06.2001 I gave birth to a female child whose name was Shirlyn Spandana, now aged about 6 years. Benhur is habitual drunkard and used to come home in fully drunken condition and create nuisance by abusing and manhandling me. He used to take hand loans from his friends and became burden to the family. His father vexed with his behaviour and sent us to Maharastra to his cousins House in the month of Sep-2002. We were in Maharastra for 7 months. In that period Benhur worked for Hardly one month remaining period he used to consume alcohol and used to harass me by putting false allegations and used to beat me, tortured me, and used to create mental tension, and brought me back to Hyderabad. Unable to bear his behaviour his father decided to send us out of the joint family, so that he will Realize and take the responsibilities towards his wife and kid, later we both stayed separately at Mettuguda for 4 months that time also Benhur was not doing any job Always he used to be in drunken state. I was forced to go for a job to feed my daughter I sued to go for job on Happy Home Pvt.Ltd. 2003 for 6 months by keeping my daughter Shirlyn Spandana at my in-laws house. When we were at Mettuguda, I was suffering from fever my mother came and took me to their house. Till then my husband didn’t allowed me to go my parent’s house even to talk to them over telephone. I stayed at my parent’s house for six moths. Neither my husband nor any of family members, made any efforts to bring me to that residence, after 6 months I have went to their house, but they abused me, and refused to accept me in their house. In the month of August 2003 I received a phone call from my husband saying that he got a job at Bangalore and settled there and also he promised that he will look after me nicely. He requested me to come to Bangalore. On believinghis version I went to Bangalore. He told me that after few days we will take our daughter to Bangaloe. There also he continued his habits of regularly to consume alcohol and pick up a quarrel on one pretext or the other. He used to suspect my character always he used to enquire about my character in my office people and even with the auto drivers. He always used to harass me mentally by putting questions about my character. When I was working with Mphasis Pvt. Ltd. He used to come to my office in drunken state and check whether I am in office or not. He used to confine me in my house closing all the doors and windows, used to abuse in vulgar language and used to beat me. About 2 years back my mother came to my house in Bangalore. During that period he used to come home in fully drunken condition. He raise a quarrel and was beating me in front of my mother he also bet my mother from which she fell down and sustained back pain. On 07.07.2007 morning at about 8 am he was in fully drunken state and passing urine in a plastic bucket, unable to bear his attitude. I professed his attitude for which he became angry and attempted to attack me with a knife and threatened that he will see my end. Since I was alone in Bangalore, due to fear I approached the women’s Police station at Bangalore who helped me in coming to Hyderabad. I came to Hyderabad on 09.07.2007 I went to Suprabath School, to see my daughter where she is studying. The school authorities told me that my husband gave a letter to them with a request to restrict me from meeting my daughter since last 2 months I didn’t see my daughter. On 06.09.2007 my mother and my aunty went to Benhur sister’s Santhi’s house to settle the matter. There she abused me and my mother in a very vulgar language saying that my mother in law Mary Sita Ratnam, father-in-law John Bilmoria are not interested to take me as their daughter-in-law not to see my daughter. I made my efforts to see my husband, and to ask for my child. On that my father-in-law and mother-in- law and my husband abused me in most vulgar language and threaten that they will use their influence to see my end. So, I request you to take necessary action against Benhur and his family members. And also I request you to give my daughter to me. Please look in the matter and do the needful.” 5) A reading of the complaint would not disclose anything substantial against the petitioners to constitute an offence punishable under Section 498A I.P.C. and all the allegations are leveled against the husband of the complainant only. Only at the fag end of the complaint it is alleged that the sister-in-law of the complainant abused the complainant and her mother in a vulgar language saying that the present petitioners are not interested to take the complainant as their daughter-in-law and not to see the daughter of the daughter-in-law. In my considered opinion, these allegations are not at all sufficient to constitute an offence punishable under Section 498A I.P.C. 6) In these circumstances, this criminal petition is allowed and the proceedings against the petitioners in C.C.No.243 of 2008 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, are quashed. Further, the trial Court shall expedite the trial against the other accused. ______________________ P.SWAROOP REDDY, J 3rd February, 2010 SUR