UMA A VENKATESWARA RAO Vs. STATE OF AP

JUDGEMENT

(1.) Heard Sri Ramakrishna, learned counsel, representing Sri Hari Haran, learned counsel for the petitioner, learned Additional Public Prosecutor representing the first respondent and Sri Y.Krishna Mohan Rao, learned counsel representing the second respondent.

(2.) This Criminal Petition is filed under Section 482 of Cr.P.C. (herein referred as the Code, for the purpose of convenience) praying for quashing of the proceedings in C.C.No.620 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, for the offences punishable under Sections 498-A, 420 read with 109 I.P.C. and Sections 4 and 6 of the Dowry Prohibition Act, 1961. Sri Ramakrishna, learned counsel, representing Sri Hari Haran, learned counsel for the petitioner would maintain that even if the allegations made out in the charge sheet are to be taken as true and correct, none of the alleged offences would be attracted as it relates to petitioner / Accused No.5 since she is an outsider and not a relative within the meaning of Section 498-A IPC; that when the ingredients of Section 498-A IPC are not attracted as it relates to the petitioner / Accused No.5, the question of trying the petitioner / Accused No.5 under Sections 4 and 6 of the Dowry Prohibition Act, 1961 would not arise; that even the alleged offence under Section 420 IPC is not applicable to the petitioner / Accused No.5 as there is no specific allegation on her to the effect that she had cheated the defacto complainant; that as far as the alleged offence under Section 109 IPC is concerned, the stand taken that the petitioner / Accused No.5 threatened the defacto complainant being false, this alleged offence also is not applicable. Thus, learned counsel would ultimately pray this Court to quash the proceedings as against the petitioner / Accused No.5 and to allow the Criminal Petition. To substantiate his submissions, learned counsel also relied on certain decisions.

(3.) Learned Additional Public Prosecutor representing the first respondent had taken this Court through the allegations made in the charge sheet and would maintain that it is not that the petitioner / Accused No.5 approached this Court for the first time, but the petitioner, infact, filed Crl.P.No.1371 of 2005 in this Court praying to quash proceedings in FIR No.253 of 2004 of Musheerabad Police Station, Hyderabad, and in the light of the specific observation made that the threats may, prima facie, amount to criminal intimidation, this is not a fit matter to quash the proceedings against the petitioner / Accused No.5.