SURESH KUMAR JAIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed by the petitioner/accused No. 4, under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") seeking quashing of the proceedings in CC No. 200 of 2007 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, which were initiated against him and three others for the offences punishable under Sections 498A and 325 of IPC against A1, Section 498A of IPC against A2 and A4 and Sections 4 and 6 of Dowry Prohibition Act against A1, A2 and A4.

(2.) Heard both sides.

(3.) The learned Counsel for the petitioner mainly contends that even accepting the allegations in the charge-sheet at their face value, no offence much less an offence under Section 498A of IPC is made out against the petitioner, who is the brother of Al and residing at Shimoga in Karnataka State. He further submits that in the absence of any specific allegation in the charge-sheet, continuation of proceedings against him would be an abuse of process of law. According to him, the petitioner is alleged to have taken Rs. 5 lakhs from the father of the respondent for starting a business, which by no stretch of imagination would amount to an offence under Section 498A of IPC.