Andhra Pradesh High Court - Amravati
Denuvukonda Satyanarayana Raju. vs State Of Andhra Pradesh, on 16 November, 2023
THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR
CRIMINAL PETITION No.7949 of 2019
ORDER:
Accused Nos.2, 3 and 4 in C.C.No.507 of 2018 on the file of learned Judicial First Class Magistrate, Kaikaluru filed this Criminal Petition under Section 482 of Code of Criminal Procedure (Cr.P.C.) praying to quash the criminal proceedings against them.
2. The offences alleged against them are under Sections 498-A and 406 I.P.C.; and Sections 4 and 6 of the Dowry Prohibition Act.
3. Respondent No.1 is State. Respondent No.2 is the de facto complainant.
4. Sri B.V.Anjaneyulu, the learned counsel for petitioners and learned Assistant Public Prosecutor representing respondent No.1-State submitted arguments.
5. Despite notice, none entered appearance for respondent No.2.
6. The following facts are to be noticed:
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Dr. VRKS, J Crl.P.No.7949 of 2019 On a written information of Smt. Denuvukonda Haritha @ Harisha/respondent No.2, Crime No.396 of 2016 was registered at WPS (CCs) Hyderabad. Subsequently, the crime was transferred to Mandavalli Police Station where Crime No.55 of 2018 was registered. The Sub-Inspector of Police, Mandavalli Police Station after due investigation laid charge sheet before learned Judicial First Class Magistrate, Kaikaluru where it was numbered as C.C.No.507 of 2018. As per this charge sheet there are five accused. For the victim de facto complainant Smt. D.Haritha @ Harisha A.1 is husband. A.2 and A.3 are parents of A.1. A.4 is elder brother to A.1. A.5 is father-in-law of A.4. The charge sheet lists 11 witnesses. The allegations are to the following effect:
The marriage between A.1 and respondent No.2/de facto complainant was solemnized at Jaggaiahpeta on 14.08.2014 according to Hindu rites and customs. Earlier to the marriage, the marriage talks took place with the assistance of A.5 with the family members of de facto complainant. A.1 to A.3 demanded dowry of Rs.2,00,000/- and three sovereigns of gold. The bride's family paid Rs.1,00,000/- cash towards dowry and gave the agreed gold. Then marriage was solemnized. It is further 3 Dr. VRKS, J Crl.P.No.7949 of 2019 alleged that prior to the marriage it was represented to the bride's family that A.1 did his M.B.A. and was doing private job. After marriage the matrimonial home was set up at Lingala Village which is the place of the accused. A.1 to A.3 (bridegroom and his parents) harassed the married lady for the overdue amount of Rs.1,00,000/- dowry. As she was unable to bring due to her poverty, they used to abuse her and accused No.1 used to beat her physically. It is alleged that A.4 and A.5 were instigating the other accused to be cruel towards her and to neck her out of the home. For the festival, father of the de facto complainant came to the house to invite the de facto complainant and her husband. The accused humiliated him. The de facto complainant became pregnant but accused No.1 and others did not look after her welfare and that resulted in abortion. Unable to bear harassment in the hands of husband and in-laws the married lady left the home. These troubles made her father very sick and he suffered paralysis stroke and died. The de facto complainant belongs to a poor family and she has been working as a DTP Operator in a Press. Charge sheet further shows that accused No.4- Sri D.Koteswara Rao has been at Nagpur pursuing his PHD and he was not at Lingala Village. 4
Dr. VRKS, J Crl.P.No.7949 of 2019 However, the allegation is that on telephone he was instigating A.1 and driving him to be cruel towards the de facto complainant.
7. The present criminal petition is filed by A.2 and A.3 who are parents of A.1 and also by A.4, who is elder brother to A.1.
8. Learned counsel for petitioners submits that the allegations do not make out any case against any of these accused and accused No.4 is now Assistant Professor at National Institute of Technology, Silchar and is unnecessarily roped in. Accused No.3 who is mother of accused No.1 is suffering from cardiac problems and knee problems and is unable to attend the Courts. It is for these reasons, they pray the Court to quash the criminal proceedings against them.
9. Learned Assistant Public Prosecutor contested the matter saying that facts on record prima facie indicates commission of offences on part of all these accused and therefore, there is no warrant for interference by invoking inherent jurisdiction of this Court under Section 482 Cr.P.C.
10. Point that falls for consideration is:
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Dr. VRKS, J Crl.P.No.7949 of 2019 "Whether institution or continuance of proceedings in C.C.No.507 of 2018 against the petitioners/A.2, A.3 and A.4 is abuse of process of Court or is against the interest of justice?"
POINT:
11. The material on record shows that since the year 2014 itself accused No.4-Sri Denuvukonda Koteswara Rao has not been living with his other family members at Lingala Village and he has been staying at Nagpur pursuing his doctoral degree. It is undisputed that subsequently he gained employment as Assistant Professor in National Institute of Technology, Silchar. Case diary does not indicate his physical presence during the time when the de facto complainant led her marital life with her husband/accused No.1 either at Lingala Village or elsewhere. The version of the victim woman herself indicates that when she was subjected to cruelty and dowry harassment, she complained it to A.4 who was staying at Nagpur. That indicates the confidence of the victim woman in accused No.4 that he would see that the disputes were resolved. The charge sheet and accompanying material do not indicate accused No.4 6 Dr. VRKS, J Crl.P.No.7949 of 2019 resorting to any physical abuse of the victim woman. The material on record also do not indicate accused No.4 himself unlawfully demanding the victim woman or her parents for anything. The only allegation against him is that on telephone he was instigating other accused to be cruel towards the victim woman. That is a bald and vague allegation. The dates of such telephone calls or the words uttered by him are not part of the record. Whatever he allegedly spoke was not with the victim woman or her parents and his telephone talk was only to other accused. Who among the other accused and who received such telephone calls is not part of the record. Thus, there is no specific allegation indicating any dowry demand on his part or any cruelty on his part. There is no allegation concerning any breach of trust on his part. Thus, without there being any material on record charge sheet was laid against accused No.4. However, the learned Magistrate failed to consider absence of any material against A.4 and issued process. That is against the order of the Code of Criminal Procedure. Asking a citizen to stand up for trial and defend himself without there being any material at all is sheer abuse of process of Court and therefore, 7 Dr. VRKS, J Crl.P.No.7949 of 2019 the criminal proceedings against A.4 cannot be sustained and they are liable to be quashed.
12. Coming to A.2 and A.3 they are the parents of A.1 and all the three of them were living together at Lingala Village and the charge sheet and the accompanying material clearly makes out allegations against all of them to the effect that they were demanding the woman to bring the balance dowry of Rs.1,00,000/- and for her failure they were beating her.
13. The contention of the petitioners that A.3 is sick has no bearing so far as the allegations are concerned. Therefore, it is not a fit case to quash the proceedings against A.2 and A.3. Point is answered accordingly.
14. In the result, this Criminal Petition is allowed in part in the following terms:
The criminal proceedings against A.4-Sri Denuvukonda Koteswara Rao, S/o. Satyanarayana Raju in C.C.No.507 of 2018 on the file of learned Judicial First Class Magistrate, Kaikaluru, Krishna District stand quashed. Criminal petition concerning 8 Dr. VRKS, J Crl.P.No.7949 of 2019 accused Nos.2 and 3 stands dismissed. Learned Magistrate shall proceed further with the case in accordance with law.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
_____________________________ Dr. V.R.K.KRUPA SAGAR, J Date: 16.11.2023 Ivd 9 Dr. VRKS, J Crl.P.No.7949 of 2019 THE HON'BLE JUSTICE Dr. V.R.K.KRUPA SAGAR CRIMINAL PETITION No.7949 of 2019 Date: 16.11.2023 Ivd