W.Kalyani vs State Tr.Insp.Of Police & Anr

2. The Andhra Pradesh High Court by its judgment and order dated November 2, 2009 quashed the proceedings arising from a criminal complaint in respect of accused nos. 5, 6 and 9 but declined to interfere in favour of 2 accused No.8 in the complaint. These three Special Leave Petitions arise from the same judgment. SLP (Crl.) Nos.2450/2010 and 3856/2010 are filed by the complainant who is aggrieved by the order insofar as it quashed the proceedings against accused Nos. 5, 6 and 9 and SLP (Crl.) No.648 of 2010 is filed by accused no. 8 whose petition for quashing was dismissed by the High Court.

Accused No.3 is the younger brother of her husband and 3 accused No.9 is his wife. Accused No.4 is the maternal uncle of the husband of the complainant. Accused No.6 and accused No.5 are husband and wife and they along with accused No.7 are said to be close friends of the complainant's husband who actively participated in her marriage with her husband. Accused No.8, the appellant, is described in the complainant as the girl friend of the complainant's husband with whom he had illicit sexual relations.

6. It is stated in the complaint that the complainant came in contact with accused No.1 through a matrimonial site on the internet. At that time accused No.1 was a software engineer working in the US and she had herself done M. Phil. They agreed to marry and accused No.1 promised that he would not ask for any dowry. However, when his mother, accused No.2, came to know of the proposal she demanded a sum of Rs.10,00,000/- (Rupees Ten Lacs only)and 50 sovereigns of jewellery as dowry.

The complainant and her people did not wish to miss her match with accused No.1 and she also believed that 4 accused No.1 was not aware of the demand made by his mother. She, therefore, agreed to meet the demand of accused No.2 and their marriage took place in the night of February 3-4, 2007. After marriage they stayed together in his house at Visakhapatnam. After a few days she was taken to Tirupati for `darasanam' of Lord Venkateswara. Accused No.8 also accompanied them and it is further alleged that her husband and accused No.8 moved together very freely as if they were spouses. The specific allegations against accused No.8 in the words of the complainant are as follows:

The complaint goes on that her husband, accused No.1, took her to Florida, USA where she was subjected to great harassment and cruelty. In January 2008 he lost his job in the US and came back to Hyderabad. Here again there is a long narrative of the cruelty meted 5 out to the complainant in connection with the demand for further dowry and to get her consent for divorce under duress and coercion and physical assault. What is however, significant to note is that in the latter part of the complaint there is no mention of accused No.8 and she seems to figure only during the visit to Tirupathi.

3. On hearing counsel for the parties and on going through the materials on record, we find no merit in SLP (Crl.) Nos.2450 of 2010 and 3856 of 2010. These two special leave petitions are dismissed.

8. As regards Section 341 of the Penal Code, on the basis of the allegation made in the complaint, we fail to see how the charge of wrongful restraint can be made out against the appellant.

9. All the allegations in the complaint taken on their face value do not make out any case against the 7 accused. We are, therefore, satisfied that the proceedings against the appellant are equally fit to be quashed and the High Court was in error in not allowing the quashing application filed by the appellant. We, accordingly, set aside the order of the High Court and quash the proceedings of CC No.482 of 2008 on the file of the First Additional Judicial First Class Magistrate, Amalapuram, East Godavari District, arising out of Crime No.80 of 2008 of Ainavilli Police Station insofar as the appellant, accused No.8 is concerned.

10. In the result, the appeal is allowed.