AROT YESWANTH SAICHARAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Criminal Petition, under Sec. 482 of the Code of Criminal Procedure, 1973, is filed by A1 and A2, to quash the proceedings in C.C.No.649 of 2021 on the file of the Additional Judicial Magistrate of First Class, Ananthapuramu. A charge sheet has been filed against the petitioners/A1 and A2 and another for the offences punishable under Ss. 498A r/w 34 of the Indian Penal Code, 1860 and under Ss. 3 and 4 of the Dowry Prohibition Act, 1961.

(2.) Brief facts of the case are that marriage between the defacto complainant/2ndrespondent herein, and the accused No.1 was performed on 15/5/2021 at Alekhya function hall, Ananthapuramu town. During marriage alliance, A1 to A3 demanded cash of Rs.25,00,000.00 and 25 tulas gold towards dowry. LW2-M.Bhavani presumed and believed that it is a good marriage alliance and agreed their demand. But, at the time of marriage, they arranged cash of Rs.15,00,000.00 only and informed them to pay remaining amount of Rs.10,00,000.00 later. After the marriage, A1 did not lead conjugal life up to three days. Later all the accused harassed her physically and mentally demanding to get remaining dowry from her mother, otherwise, they would not allow to lead marital life. In these circumstances, the defacto complainant has resorted in filing the present complaint.

(3.) Learned counsel for the petitioners contend that even accepting the entire accusations to be true, still no offence under Sec. 498A IPC would be made out as against the petitioners, and except the accusations, which are omnibus in nature, there is absolutely no other material to connect the petitioners/A1 and A2 to the crime. Learned counsel for the petitioners also stated that he has taken out personal notice to the second respondent and though the notice has been served on the second respondent, she did not choose to come on record.