MOHD RAFIUDDIN AHMED Vs. STATE OF TELANGANA

JUDGEMENT

(1.) IN this petition filed under Section 482 Cr.P.C., petitioners/A.1 to A.3 seek to quash the proceedings in C.C.No.342 of 2010 on the file of XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

(2.) A 1 is the husband of de facto complainant. A2 and A3 are parents of A.1.

(3.) THE private complaint filed by de facto complainant on 13.07.2009 was forwarded by learned XIII Additional Chief Metropolitan Magistrate, Hyderabad to the Women P.S Charminar South Zone, Hyderabad, which was registered as Crime No.172/2009 for the offences under Sec.498 -A r/w 34 IPC and after investigation charge sheet was laid against A1 to A3 and the learned XV Additional Chief Metropolitan Magistrate, Nampally, Hyderabad took cognizance of the case and registered as C.C.No.342 of 2010. The prosecution case is that the marriage between A.1 and the defacto complainant took place on 10.12.2004. A.1 was doing Air Ticketing Job in K.S.A (Kingdom Saudi Arabia). The parents of complainant presented Rs.1,00,000/ - cash as dowry, 8 Tolas of Gold ornaments and huge Jahez Articles including Electronic Gadgets at the time of marriage and the Accused gave 15 Tolas of Gold ornaments to the complainant towards Chadawa articles. The defacto complainant joined the society of her husband and all the accused were residing jointly at Hyderabad. Within short time after the marriage, all the accused started ill -treating her as they were not satisfied with the dowry given by the parents of complainant. On 20.02.2005, A.1 left to K.S.A in order to join his duty by leaving the complainant at his residence with A.2 and A.3. On 01.10.2005, the complainant was blessed with a female child and the accused started abusing and ill -treating her for giving birth to female child and demanded to deposit Rs.1,00,000/ - in the name of newly born baby. Accused demanded Rs.1,00,000/ - as additional dowry for arrangement of Visa to complainant and accordingly, the parents of complainant paid Rs.1,00,000/ - to A.2 and A.3, upon which A.1 accommodated visa to complainant and her daughter and both went to K.S.A on 11.08.2006 but the A.1 did not look after them properly and did not provide minimum necessities and due to his negligence, she became sick. A.1 was having illegal contacts with other ladies at abroad and when she objected the same, A.1 to A.3 abused her and threatened her with dire consequences. In those circumstances, A.1 sent her to India on 16.03.2007 to live in her in -laws house. Thereafter the complainant again went to KSA in the month of May, 2007 and conceived pregnancy and came to India on 18.12.2007 and was again blessed with a female child on 17.01.2008 and on knowing it, A.1 to A.3 made her life miserable and tortured her and instigated A.1 to give Divorce to her. At the intervention of elders and expenses of her parents, the complainant again went to KSA with her two daughters in May, 2008 but the accused did not change their attitude.