A ASHOK VARDHAN REDDY Vs. P SAVITHA

JUDGEMENT

(1.) The petitioners in Criminal Petition No.7063 of 2008 are accused 1 to 3 in C.C. No.48 of 2008 on the file of the II Metropolitan Magistrate, Cyberabad at L.B. Nagar, Ranga Reddy District.

(2.) The Woman Sub-Inspector of Police, Saroornagar women police station filed the charge-sheet in the said case alleging that P. Krishna Reddy and P. Kalavathi are the parents of Saritha, the 1st respondent in Criminal Petition No.7063 of 2008. Saritha was married to the 1st accused on 27-08-2005 and on the same day the 1st accused and Saritha left for the United States of America, as Saritha had to report at West Virginia University on 29-08- 2005. Soon after arriving at the United States of America, the 1st accused demanded Saritha for money and took away 35 tulas of gold from her. The parents of Saritha visited the United States of America from 12-10-2005 to 07-11-2005 and still the 1st accused harassed Saritha physically and mentally and threatened her and her parents. Saritha gave a complaint to West Virginia University police and requested her father to give a complaint to the police in India. Accordingly, P. Krishna Reddy gave a complaint on 30-10-2006 stating the above facts and further stating that he met all the expenses demanded by accused 1 to 3 at the time of the marriage and the demand of the 1st accused to Saritha was to give Rs.4,00,000/-. Her gold was sold away by the 1st accused and the sale proceeds were appropriated by him. The 1st accused was using the credit cards of Saritha being unemployed. The complaint was registered as Crime No.1098 of 2006 under Section 498A of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act and was investigated into. The 2nd and 3rd accused surrendered before the Court on 20-12-2007 and were released on bail, while the 1st accused was absconding. Hence, the charge.

(3.) Accused 1 to 3 claimed in the criminal petition that when the couple left for the United States of America on the date of marriage itself, it was impossible to presume any demand for money and though the 1st accused returned to India on 09-03-2006, Saritha/1st respondent stayed back in the United States of America, filed a petition for divorce before the Family Court of Monongalia County, West Virginia, United States of America and was granted a decree of divorce by an order, dated 12-03-2007, which had become final. The 1st respondent is working in the United States of America after obtaining divorce. The police initially submitted a final report on the complaint of Krishna Reddy, referring the case as lacking in jurisdiction on 18-09-2007 and again at the request of the 1st respondent on 22-10-2007, the case was reopened and further investigated. The petitioners contended that the 1st petitioner and the 1st respondent never led their marital life in India and they are no longer wife and husband having lived together in the United States of America only for 5 months and 10 days. Hence, they desired quashing of further proceedings in C.C. No.48 of 2008.