Sanapareddy Maheedhar And Another vs State Of Andhra Pradesh And Another

J U D G M E N T (arising out of Special Leave Petition (Crl.) No. 6680 OF 2006) G.S. Singhvi, J.

Bhavani Shireesha, the eldest daughter of respondent no. 2 Shrimati D. Shaila, is a doctor by profession. She was married to appellant no. 1 Sanapareddy Maheedhar Seshagiri who is working as Software Engineer at New Jersey, USA on 22.04.1998 at Hyderabad. Before marriage, the appellants and their parents demanded Rs. 5 lakh cash, 50 tola gold jewellery and Rs. 75,000/- towards Adapaduchu Katnam as dowry. They also demanded transfer of the ground floor of the residential house belonging to respondent no. 2 and her husband in favour of the parents of the appellants. Respondent no. 2 and her husband agreed to pay Rs. 4 lakh cash, 60 tola gold jewellary and Rs. 75,000/- towards Adapaduchu Katnam as dowry. They also agreed to bequeath the ground portion of their house in the name of their daughter. The appellants and their parents accepted the proposal and performed betrothal on 16.04.1998. Thereafter, the parents of the appellants demanded Zen car and threatened to cancel the engagement unless the car is given. This compelled the husband of respondent no. 2 to raise loan of Rs. 4 lakh and purchased the car, which is said to have been kept at the disposal of the parents of the appellants. After marriage, the appellants left for USA, but Shireesha Bhavani stayed back at Hyderabad with their parents because she was undergoing training as House Surgeon. After completing the training, Shireesha Bhavani went to USA along with the parents of the appellants. She stayed at New Jersey from 1.11.1998 to 2.12.1998. During this period, Shireesha Bhavani was subjected to cruelty and harassment by the appellants and their parents on the ground that she did not bring enough dowry. On 3.12.1998 she went to Maryland (U.S.A.) and stayed with her relatives. In April 1999, the parents of the appellants returned to India. On 5.4.1999, appellant No.1 instituted divorce petition in Superior Court at New Jersey and an ex parte decree was passed in his favour on 15.12.1999.

In the meanwhile, Shireesha Bhavani wrote letter dated 13.04.1999 to her parents complaining of cruelty by the appellants and their parents. She disclosed that while she was staying with the parents of the appellants at Hyderabad, the mother-in-law always complained of lack of dowry and abused and criticized her and asked her to do menial job. She further disclosed that appellant no. 1 and his brother harassed and also pressurized her to bring additional money for purchase of a house at Hyderabad in the name of the in- laws. She gave detailed account of the alleged harassment and torture meted out by the appellants and their parents. Thereupon, respondent no. 2 filed complaint dated 26.8.1999 in the Court of XXII Metropolitan Magistrate, Hyderabad (hereinafter referred to as the concerned Magistrate) detailing therein the facts relating to demand of dowry by the appellants and their parents and the incidents of cruelty and harassment to which her daughter was subjected at Hyderabad and New Jersey. Respondent no. 2 also alleged that immediately after marriage, the appellants and their parents complained about lack of dowry by saying that appellant no. 1 could have been married for a dowry of Rs. 35 lakhs. Another allegation made by respondent no. 2 was that her daughter was driven out of the house with an indication that she will be allowed to return only after the demands of the accused appellants and their parents are met. The learned Magistrate referred the complaint for investigation under Section 156(3) Cr.P.C. This led to registration of Crime No.54/1999 at Women Police Station, CID, Hyderabad. On 18.9.2000 the Inspector of Police, Women Protection Cell, C.I.D., Hyderabad submitted final report with the prayer that the case may be treated as closed due to lack of evidence. He mentioned that much progress could not be made due to non-availability of de facto victim and other key witnesses in India and there was no immediate prospect of their coming to India. He also mentioned that the accused party returned the personal belongings including gold jewellery to the de facto victim in U.S.A. and that a decree of divorce had been passed by the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County. The Investigating Officer also made a reference to the direction given by Additional Director General of Police, CID to close the case due to lack of evidence.

By an order dated 1.11.2000, the concerned Magistrate rejected the final report and directed the police to make further investigation. In the opinion of the learned Magistrate, the investigation had not been done properly and the final report submitted under the dictates of the Additional Director General of Police was not acceptable. While doing so, the learned Magistrate made a reference to the letter addressed by Director General of Police, CID, Andhra Pradesh to the Regional Passport Office, Hyderabad wherein it was mentioned that Shrimati Bhavani Shireesha had been subjected to cruelty and a request was made to cancel or impound the passport of the appellants.

It is borne out from the record that on an application made by respondent no. 2 the concerned Magistrate issued warrant for search of the premises of the parents of the appellants for recovery of the dowry articles and passport of her daughter. In the course of search conducted by Sri P.Ventaka Rami Reddy, Inspector of Police (Women Protection Cell) CID, Hyderabad on 19.7.2000 the parents of the appellants disclosed that the passport has been sent to Shrimati B. Shireesha by Ordinary Post some time in January/February, 1999, but they could not produce any evidence to substantiate the same.

After disposal of Criminal Petition No. 3912 of 2000, Bhavani Shireesha obtained duplicate passport and visa and came to India on 26.7.2002. She appeared before the Investigating Officer on 27.7.2002 and gave statement under Section 161 Cr.P.C. Thereafter, the police filed a charge-sheet under Sections 498A and 406 IPC read with Sections 3, 4 and 6 of the Dowry Act. On 4.10.2002 the concerned Magistrate took cognizance of the case and issued summons to the appellants and their parents.

It is also borne out from the record that without disclosing the fact that the concerned Magistrate had already rejected the final report, the appellants and their parents filed writ petition nos. 6237 of 2001 and 2284 of 2001 with the prayer for quashing the proceedings of Crime No. 54 of 1999 on the file of Women Protection Cell, CID, Hyderabad. The learned Single Judge who heard the writ petitions made a reference to order dated 26.9.2000 passed by another learned Single Judge in Criminal Petition No. 3912 of 2000 and disposed of both the petitions on 4.12.2001 by directing XXII Metropolitan Magistrate, Hyderabad to pass appropriate order on the final report within a period of two months of receipt of the copy of the order.

Therefore, at this belated stage, there does not appear to be any justification for continuation of the proceedings in CC No.240/2002. Rather, it would amount to sheer harassment to the appellant and Shireesha Bhavani who are settled in USA, if they are required to come to India for giving evidence in relation to an offence allegedly committed in 1998-99. It is also extremely doubtful whether the Government of India will, after lapse of such a long time, give sanction in terms of Section 188 Cr.P.C.

For the reasons stated above, the appeal is allowed, the order of the learned Single Judge of the High Court is set aside and the proceedings of CC No.240/2002, pending in the Court of XXII Metropolitan Magistrate, Hyderabad, are quashed.