THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.6227 of 2008 Dated:09.07.2010 Between: Katakam Rajasekhar, And another. ….Petitioners And State of Andhra Pradesh, Rep.by Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, And another. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.6227 of 2008 ORDER: The petitioners are accused Nos.4 and 5 in Crime No.265 of 2008 of P.S.Mancherial under Sections 498A of the Indian Penal Code, 1860 (IPC). The crime was registered on a report given by the second respondent who is wife of one Maruthi Rao. The first petitioner is brother of Maruthi Rao and the second petitioner is the wife of the first petitioner herein. As per the averments and allegations in the complaint of the second respondent, her marriage with Maruthi Rao was celebrated on 18.06.1998 at Khammam. On 08.09.2008 she gave a complaint to Sub Inspector of Police alleging that from the date of the marriage accused Nos.1 to 7 harassed her for dowry. Even after birth of two children – now aged ten years and seven years – they continued their harassment. She also alleged that accused obtained her signatures forcibly and obtained bank loan and also made her responsible for the amount drawn from chit fund. When she was driven out, she filed a case under the Protection of Women from Domestic Violence Act, 2005 (Domestic Violence Act, for brevity). She further alleged that accused threatened her asking to withdraw the case under Domestic Violence Act and also informed that they would allow her to the matrimonial home only when she brings the money. Counsel for the petitioners submits that the complaint on the face of it is false as the second respondent made allegations after ten years of marriage when she has two children of age ten and seven years. He further submits that the petitioners herein are residents of Lalaguda in Secunderabad, and it is improbable that they had traveled all the way to Mancherial to harass the second respondent for additional dowry. An offence under Section 498A of IPC is attracted when the wife is subjected to cruelty by her husband and relatives for additional dowry or additional property. In this case complaint contains a clear allegation that accused Nos.1 to 7 harassed and subject her to cruelty. In view of this a petition under Section 482 of the Code of Criminal Procedure, 1973, for quashing the case would not lie. It is for the Police to file appropriate report before the Magistrate of First Class. The Criminal Petition is misconceived, and is accordingly dismissed. __________________ (V.V.S.RAO, J) 09.07.2010 vs