R. SANKARAIAH Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition, under Sec. 482 Cr.P.C., is filed to quash the proceedings in C.C. No. 385 of 2016 on the file of the IV Additional Judicial Magistrate of First Class, Tirupati. Petitioners herein are arrayed as A.4, A.5 and A.7 in the said case.

(2.) Basing on a report lodged by 2nd respondent-defacto complainant, police registered a case in crime No. 57 of 2015, and after completion of investigation, filed charge sheet against the petitioners herein and others for the offences punishable under Ss. 498A, 420, 354 IPC and 3 and 4 of the Dowry Prohibition Act, 1961. The allegations, in brief, may be stated as follows. Marriage of 2nd respondent- defacto complainant with A.1 took place on 4/3/2012 in Arya Vysya Kalyana Mandapam, Tirupati as per hindu rites and customs, and Rs.30.00 lakhs cash and 700 grams of gold jewels were given towards dowry on the demand of A.1 to A.7. A.2 to A.7 celebrated the marriage having knowledge that A.1 is impotent and thereby cheated 2nd respondent- defacto complainant. A.1 did not participate in sexual intercourse with her and used to sleep separately, on the pretext that till he gets H1 Visa, he will not participate in it. Later, A.1 alone went to America leaving her under the care of A.2 to A.7, and they subjected her to physical and mental harassment demanding additional dowry. When her father agreed to give Rs.5.00 lakhs, A.1 took her to America and subjected her to both physical and mental harassment for want of additional dowry. When a mediation was held, A.2 to A.7 reiterated their demand for additional dowry. When she forced A.1 for sexual intercourse, on 2/9/2015, A.1 admitted his impotency and requested not to reveal the same to anybody. On 3/9/2015, when she was alone in kitchen, A.2 approached her, caught hold of her hand and demanded her to fulfil his sexual desires. Hence, the report.

(3.) Heard both sides.