THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.2540 OF 2008 DATED: 15-07-2010 Between 1.Muzavar Fakeer Sahed and another …Petitioners –A2 and A3 And 2.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.2540 OF 2008 ORDER: This petition under Section 482 Cr.P.C. is filed to quash the proceedings in C.C.No.152 of 2008 on the file of the Judicial Magistrate of I Class, Special Court for Prohibition and Excise Offences, Sangareddy, which was registered of the offence punishable under Section 498-A IPC. 2. It is alleged in the complaint that the petitioners herein are the parents of A1. The marriage of A1 with the 2nd respondent herein was performed on 11-05-2003 as per Muslim Customs at Cochin in Kerala and at the time of marriage, parents of the 2nd respondent herein gave cash of Rs.75,000/- and gold. After the marriage, A1 and the 2nd respondent lived with the petitioners herein for a couple of months. Later they separated from the petitioners and started living separately. The 2nd respondent led happy marital life with A1 and blessed with a son on 25-06-2004 at Cochin. A1 used to demand more dowry and harassed the 2nd respondent both physically and mentally, upon which, her parents paid Rs.15,000/- and Rs.30,000/- on different dates. A2 to A5 also used to harass her mentally and physically for more dowry. On a complaint given by the 2nd respondent, police registered a case and investigated into it. 3. Inherent powers under Section 482 Cr.P.C. can be exercised to give effect to the order passed under this Code or to prevent abuse of process of Court or to secure the ends of justice. There cannot be any dispute that if the allegations in the complaint made out prima facie case of the offence alleged, question of quashing the proceedings does not arise. 4. Petitioners herein are the parents of A1 and in-laws of the 2nd respondent herein. Police filed charge sheet against the present petitioners for the offence punishable under Section 498-A IPC showing them as A2 and A3. The allegation levelled against the present petitioners is that they were harassing the 2nd respondent both physically and mentally and more particularly instigated A1, who started beating her. The only allegation is that at the instance of the petitioners, A1 used to beat her. Mere beating the wife does not amount to cruelty. If the act done by the husband is of such a nature as is likely to drive a woman to commit suicide or to cause grave injury to life or limb, then only it is cruelty within the meaning of explanation (a) to Section 498-A IPC. If the entire allegations are taken as true and correct, at this stage, do not make out prima facie offence under Section 498-A IPC insofar as the present petitioners-A2 and A3 are concerned. Therefore, continuation of proceedings against them is nothing but abuse of process of law. 5. Accordingly, the Criminal Petition is allowed quashing the proceedings in C.C.No.152 of 2008 on the file of the Judicial Magistrate of I Class, Special Court for Prohibition and Excise Offences, Sangareddy, insofar as the present petitioners-A2 and A3 are concerned. ------------------------------- JUSTICE K.C.BHANU DATED:15-07-2010 Hsd