CHANUMOLU VINOZ Vs. STATE

JUDGEMENT

(1.) The petitioners, who are accused Nos.1 to 3 in D.V.C. No.35 of 2010 on the file of the II Additional Judicial First Class Magistrate, Eluru, West Godavari District, filed the present application under Sec. 482 Cr.P.C. seeking quashing of the said proceedings.

(2.) The 1st petitioner is the husband, while petitioners 2 and 3 are parents of the 1st petitioner. The marriage alliance talks between the 1st petitioner and the 2nd respondent took place on 20/12/2007 in the presence of elders and later, the marriage was performed at Sri Subramanya Swamy Kalyana Mandapam, Skandagiri Temple, Secunderabad, on 11/2/2008. It is stated that an amount of Rs.4,50,000.00 in cash was given to the petitioners towards dowry amount, besides presenting about 60 sovereign of gold ornaments, apart from a diamond set, consisting of (i) necklace, (ii) ear rings, (iii) finger-ring and (iv) bangle worth about Rs.15,00,000.00. It is further stated that when the couple was leaving to U.S.A., an amount of Rs.1,50,000.00, which amounts to 3500 dollars, was also presented by the parents of the 2nd respondent. It is averred that when petitioners 2 and 3 insisted and demanded the 2nd respondent to pay additional dowry, the parents of the 2nd respondent with great difficulty sent an amount of 6000 dollars in August, 2008.

(3.) The averments in the application filed under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 further show that, after the marriage, the same was registered before the Sub-Registrar at Malkajgiri and later, a small function was held as per the marriage customs. It is said that, both of them lived together at Eluru and thereafter, went to Hyderabad in order to go to Chicago. It is said that, within few days after the marriage, both of them left to U.S.A. The 1st petitioner was employed as the President of IndSoft Corporation and also the President of Vista Vision Technologies at Chicago. Both of them lived happily in Chicago and out of wedlock, they were blessed with a female child on 24/1/2009. It is said that, in the month of July, 2009, the 3rd petitioner herein went to U.S. to see the newly born child. Since then, disputes arose due to ill-advices of the 3rd petitioner to the 1st petitioner. It is further stated that, the demand for additional dowry amount from the parents of the 2nd respondent started their and basing on the ill-advices of the 3rd petitioner, the 1st petitioner used to abuse the 2nd respondent in unparliamentary language, apart from picking up quarrels on petty issues. It is said that, the 3rd petitioner went to the extent of separating both of them and made them live in separate rooms. While things stood thus, the 1st petitioner got addicted to bad vices and developed psychological problems like, paranoia, sadism, and psychosis. It is said that, the 1st petitioner abruptly opened the joint safety locker in the bank and snatched away some of the gold ornaments of the 2nd respondent, which were presented by her parents to her at the time of the marriage. The averments in the application also show that some of the documents and passport belonging to the baby were missing. Unable to bear the harassment, the 2nd respondent came down to India and started living with her parents and their efforts to settle the matrimonial dispute proved futile and as such, she lodged a report before the Eluru Police Station, which came to be registered as a case in crime No.204 of 2010 for the offence punishable under Sec. 498A I.P.C. In view of the above, the present application came to be filed seeking the reliefs under Ss. 18, 19, 20 and 22 of the DVC Act. Challenging the initiation of proceedings, the present application is filed seeking quashing of the same.