ABDUL QADIR KHAN Vs. SYEDA ZARIN SABA

JUDGEMENT

(1.) THIS Criminal Petition is filed to quash proceedings in C.C. No. 32/2011 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad for alleged offences punishable under Section 498 -A read with 34 IPC and Sections 4 & 6 of Dowry Prohibition Act.

(2.) BRIEF facts leading to filing of this petition are as follows: -

(3.) ADVOCATE for petitioner submitted that all the allegations in the complaint are against A1 i.e., husband of defacto -complainant and even the alleged harassment was at New Zealand and the petitioner herein has nothing to do with the matrimonial home. He further submitted that the petitioner was in Canada from 16 -09 -2006 to 29 -11 -2008 with his family on account of his job and he had no occasion to live with A1 or defacto -complainant. He further submitted that except a bald allegation of instigation, there is no specific allegation against the petitioner and in view of the law laid down by Hon'ble Supreme Court and this Court, the proceedings against the petitioner have to be quashed. On the other hand, learned Public Prosecutor would submit that police, after full -fledged enquiry, found that petitioner is also responsible for the harassment and therefore, the contentions of the petitioner's counsel are not tenable. He further submitted that from a reading of charge sheet, it is clear that there are specific allegations against the petitioner also and those have to be decided only during trial and when the allegations prima facie disclose commission of offence, Section 482 Cr.P.C. is not applicable.