CHELLABOINA VISHNU Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Criminal Petition, under Sec. 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings in C.C.No.805 of 2017 on the file of the learned IV Additional Judicial Magistrate of First Class, Rajahmundry, East Godavari District.

(2.) A charge sheet has been filed against the petitioner/A1 and A2 and A3 for the offences punishable under Ss. 498A read with 34 of the Indian Penal Code, 1860 and Ss. 3 and 4 of the Dowry Prohibition Act, 1961.

(3.) Brief facts of the case are that the marriage between the defacto complainant and petitioner/A1 was performed on 26/8/2005 in the presence of both the elders according to Hindu rites and customs in V.V.Gardens, Near Natraj Theatre, Rajahmundry. At the time of marriage, parents of the defacto complainant gave Rs.5,00,000.00 towards dowry to the accused. Later, they lived happily for some time at USA. Later, A1 harassed the defacto complainant physically and mentally by suspecting her fidelity to get additional dowry. Due to unbearable harassment of A1, she returned to India without the knowledge of A1. After some days, A1 and his parents came to Rajahmundry and expressed their apologies to the family of the defacto complainant and assured that the said behavior would not be repeated in future. Believing their representations, defacto complainant joined her husband. But, there was no change in the attitude of A1 and other accused. On 8/6/2014, she gave birth to a male child by name Chellaboina Akshaj in USA. At the time of delivery, accused demanded the parents of the defacto complainant for additional dowry. On 9/4/2015, petitioner and another accused came to the house of the parents of the defacto complainant, quarreled with them and harassed her physically and mentally and A1 retained the passports of the defacto complainant and her son and gold jewellery. Aggrieved by the same, she gave complaint at Women Police Station, Rajamahendravaram against the accused for taking necessary action against them. Upon which, police registered a case in Cr.No.43 of 2015 of Women Police Station, Rajahmundry for the offences punishable under Ss. 498A read with 34 of the Indian Penal Code, 1860 and Ss. 3 and 4 of the Dowry Prohibition Act, 1961.