THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2706 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, (for short, “Cr.P.C.”) is filed to quash the proceedings against the petitioners/A2 to A5 in C.C.No.101 of 2009 on the file of the Additional Judicial Magistrate of First Class, Gudivada, Krishna District. 2. Petitioner Nos.1 and 2/A2 and A3 are the father-in-law and mother-in-law, of respondent No.2/de facto complainant; petitioner No.3/A4 is the paternal aunt of the husband of respondent No.2 and petitioner No.4/A5 is the elder brother of petitioner No.1/A2. 3. The allegations in the charge sheet would go to show that respondent No.2/complainant is a resident of Pedaparupudi Village. Her marriage was performed with A1 on 05.08.2006 as per Hindu rites and Customs. At the time of her marriage, her parents gave an amount of Rs.5,00,000/- and gold ornaments worth about Rs.3,00,000/- to A1 to A3 as Pasupukumkuma. After her marriage, for some days her in-laws treated her well. But, when she became pregnant, on 10.11.2006, A1 to A3 forcibly terminated her pregnancy through abortion against her will. Thereafter, A1 to A3 started harassing her, with the instigation of A4 and A5, both mentally and physically, to bring additional dowry of Rs.2,00,000/- from her parents to meet the expenses of London tour of A1. The accused also demanded the complainant to sell away the land of Ac.2-80 cents given by her parents and when she did not agree to do so, A1 beat her with the instigation of A2 to A5 and they also threatened to kill her. On 15.03.2007, all the accused drove away the complainant from the matrimonial house. Later, A1 filed a divorce petition in Nuzvid Court with a view to perform another marriage for getting huge dowry. This matter was informed by the complainant and her parents to the elders. Then the elders tried to pacify the matter, but the accused did not change their attitude towards the complainant. 4. Learned counsel for the petitioners contended that the petitioners/A2 to A5 are living separately from respondent No.2/de facto complainant and A1; that they have nothing to do with the matrimonial affairs of respondent No.2 and A1; that therefore, continuation of proceedings against the petitioners is nothing but abuse of process of Court and hence, he prays to quash the proceedings. 5. In spite of service of notice, none appears for respondent No.2. 6. Inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process of Court or to secure ends of justice to give effect to the order passed under the Code. If the allegations in the charge sheet do not make out a prima facie case of the offence alleged, then only question of quashing the charge sheet arises. 7. Husband or relative of husband coercing the wife to meet any unlawful demand for any property or valuable security is cruelty within the meaning of Section 498A of the Indian Penal Code, 1860. 8. As seen from the charge sheet, it is alleged that A1 to A3 used to harass respondent No.2/de facto complainant to bring additional dowry of Rs.2,00,000/- from her parents towards expenses for A1 to go to London. So, specific allegation is levelled against A1 to A3. Hence, the question of quashing the charge sheet against petitioners Nos.1 and 2/A2 and A3 does not arise. 9. Insofar as petitioner Nos.3 and 4/A4 and A5 are concerned, only omnibus accusation is levelled against them stating that at their instigation only A1 to A3 harassed respondent No.2. Except that allegation, there is no other allegation levelled against petitioner Nos.3 and 4 that they harassed respondent No.2 to bring additional dowry of Rs.2,00,000/-. There is no direct demand of additional dowry made by them. Therefore, no prima facie case is made out against petitioner Nos.3 and 4. Hence, continuation of proceedings against petitioner Nos.3 and 4/A4 and A5 is nothing but abuse of process of Court. 10. Accordingly, the Criminal Petition is partly allowed quashing the proceedings only against petitioner Nos.3 and 4/A4 and A5 in C.C.No.101 of 2009 on the file of the Additional Judicial Magistrate of First Class, Gudivada, Krishna District. Insofar as petitioner Nos.1 and 2/A2 and A3, the Criminal Petition is dismissed. . _______________ K.C. BHANU, J August 26, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2706 OF 2009 Between: Yelamanchali Tarakeswari Krishna Prasad and others .....PETITIONERS AND The State of Andhra Pradesh and another ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2706 OF 2009 August 26, 2010