SHAIK SHAMMU Vs. SHAIK SALMA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor representing the State. There is no representing for the first respondent-de facto complainant. This Criminal Petition is filed to quash the entire proceedings in CC. No. 414 of 2009 on the file of the Judicial Magistrate of First Class, Giddalur, Prakasam District.

(2.) The brief facts of the case which is sought to be quashed may be stated as follows:-The marriage of the first respondent Shaik Salma was performed with the first accused Shaik Masrood on 28-10-2007 and the marriage was consummated. It is alleged that the first accused received an amount of Rs. 1,00,000/-(Rupees one lakh only) and gold articles as dowry at the time of marriage, but since six months after the marriage, he started harassing the de facto complainant for additional dowry. The de facto complainant, it is said that by convincing her parents brought one pair of gold ear studs from her parents and gave them to the first accused. Thereafter, the first accused and the petitioners looked after her properly for some time and again started harassing her for additional dowry. It is also alleged that her parents-in-law and sisters-in-law were also harassing her for additional dowry, on that she left the matrimonial home and came to her parents house one year prior to the lodging of the complaint.

(3.) It is further alleged that all the accused i.e., petitioners in both the cases performed the marriage of Al with A4 (first petitioner in Criminal Petition No. 2891 of 2011) during the subsistence of the marriage of the de facto complainant with the first accused. Basing on the report lodged by the de facto complainant, a case in Crime No. 129 of 2009 was registered by the police of Cumbum Police Station for the offences punishable under Sections 498-A and 494 of I.P.C., and after completing the investigation, they filed the charge sheet.