PILAKA MADHSUDHANA REDDY Vs. STATE OF A.P

JUDGEMENT

(1.) This Criminal Petition is filed by the Petitioner/Accused under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") seeking quash of proceedings in C.C.No.1852 of 2014 pending on the file of the Court of I Additional Chief Metropolitan Magistrate, Visakhapatnam.

(2.) Heard Sri Karri Suryanarayana, learned counsel for the petitioner and learned Assistant Public Prosecutor for the State. Though notice was sent to the 2nd respondent, she did not contest the matter.

(3.) The facts of the case, in brief, are that the 2nd respondent is the de facto complainant. She is the wife of the petitioner/accused. She lodged a report with III Town Police Station on 8/8/2014 and she was directed to Women Police Station, Visakhapatnam to report the matter against the petitioner/accused. She filed a complaint alleging that the petitioner/accused was continuously harassing her both mentally and physically by beating with hands and with a penknife demanding her to bring Rs.1,00,000.00 towards additional dowry and Rs.30,000.00 for looking after her two daughters, from her parents. When the 2nd respondent informed her in-laws about the harassment caused by the petitioner/accused, they did not question him and in turn, had supported him. The 2nd respondent informed the same to her parents and raised disputes before the elders at the house of the petitioner/accused at Chaitanya Nagar, Maddilapalem. But, the petitioner/accused abused the elders and necked them out of the house saying that they should not interfere with his family disputes. On the basis of the report given by the 2nd respondent, a case in Crime No.69 of 2014 was registered for the offences punishable under Sec. 498-A IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 of Women Police Station, Visakhapatnam City by the Inspector of Police. The crime was investigated and eventually having found prima-facie evidence against the petitioner/accused regarding his complicity in the commission of the said offences, the Investigating Officer had filed the charge sheet in the trial Court. The said case is pending before I Additional Chief Metropolitan Magistrate, Visakhapatnam vide C.C.No.1852 of 2014.