KUNCHALA SRI DEVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973[in short 'Cr.P.C.'] has been filed, by the petitioners/Accused Nos.2 to 7, seeking quashment of the proceedings against them in C.C. No.446 of 2021 on the file of the Additional Junior Civil Judge, Ponnuru, for the offence punishable under Ss. 498-A, 323, 506 read with 34 of Indian Penal Code, 1860 and Ss. 3 & 4 of Dowry Prohibition Act,1961.[in short 'D.P. Act']

(2.) Contents of the charge sheet in brief:

(3.) Aggrieved thereby, the petitioners filed the present petition seeking quashment of the case against them on the following grounds: a. There are no specific allegations against the petitioner Nos.5 and 6 except they have supported the husband of the complainant. They are not at all relatives of the husband falling under Sec. 498-A of I.P.C. They are no way connected to A1 as a relative. b. Petitioner No.3/A4 who is the sister-in-law of the complainant and petitioner No.4/A5 is the husband of A4 are also no way connected to the family affairs of A1. The allegations against them are also vague. c. A1 is a physically handicapped person. The complainant willingly accepted the marriage with A1. d. In fact, on the day of alleged incident, the complainant along with A1 were present at her sister's family in Mutnuru Village in Guntur District, a photo is also filed showing the same. e. The complainant alleged that she was necked out of the house on 27/11/2018, but she gave the report on 24/4/2021, which is almost 2 1/2 years after the alleged incident. Arguments advanced at the Bar