SISTU PULLAM RAJU Vs. STATE OF A P

JUDGEMENT

(1.) In the instant criminal petition the proceedings in C.C. No.59 of 2003, on the file of the n Additional Judicial Magistrate of First Class, Rajahmundry, are sought to be quashed.

(2.) A2 and A3 in the criminal case are the petitioners. The second respondent herein is the de facto-complainant, who filed a criminal complaint alleging cruelty punishable under Section 498-A of the Indian Penal Code against the petitioners and another. When that complaint had been forwarded to the Police for investigation under Section 156(3) of the Criminal Procedure Code, the S.H.O., II Town Police Station, Rajahmundry, registered the case as crime No.30 of 2002 on 7-2-2002 and issued the First Information Report. Eventually, after completing the investigation, the Investigating Officer laid the charge- sheet, upon which the cognizance was taken by the learned Magistrate for the said offence. After the registration of the crime and when the same was pending investigation, all the three accused filed Criminal Petition No.993 of 2002, invoking the inherent jurisdiction of this Court under Section 482 of the Code requesting to quash the said proceedings, on the premises that it did not disclose even prima facie the offence alleged and that the Court at Rajahmundry had no territorial jurisdiction to entertain the complaint. Criminal Petition No.993 of 2002 was dismissed by this Court by an order, dated 15-3-2002, observing inter alia that since the crime was under investigation, it was too premature for the petitioners to contend that the F.I.R. was liable to be quashed. However, liberty was given to the petitioners to pursue the appropriate remedies open to them, depending upon the result of the investigation. After the charge-sheet was laid and cognizance of the offence was taken by the learned Magistrate, two of the three accused again approached this Court seeking to quash the said proceedings, as aforesaid, in the instant petition.

(3.) The marriage between A1 and the second respondent was solemnized on 6-7-1988 at Rajahmundry. They were blessed with two children. The petitioners herein are the parents of A1. It was alleged inter alia in the complaint that A2 and A3, who were after money, were in the habit of harassing the second respondent indirectly and mentally, so as to see that she would comply with their unlawful demand of Rs. 1,00,000/-. Al being a Mechanic in Air-force, worked in many places and he was transferred to Hyderabad during the year 1997-1998. A2, who used to work in Indian Bank at Visakhapatnam about 1 years earlier to the crime, got a house constructed at Hyderabad and put up his family there. A2 and A3 soon started throwing stones in the peaceful live of the second respondent with her husband and used to instigate A1 to direct her to bring a sum of Rs.50,000/- for the purpose of construction of their house. The father of the second respondent had to give an amount of Rs.50,000/-. A1 to A3 showed hell to the second respondent by not allowing her to talk to the neighbours and even to their own relations and on trivial reasons they used to raise quarrels and used to irritate her with a view to see that she would put an end to her life or leave the house. Many a time the accused declared that either she should leave the house or bring further an amount of Rs. 1,00,000/-. Subsequently, A1 developed intimacy with one, Swapna Kumari. On 20-4-2001, while A1 was absent, A2 came to the kitchen in the house of A1 and caught hold of the hand of the second respondent asking her to sleep with him, in the event her father failed to comply with their unlawful demand of Rs. 1,00,000/-. When she informed the same to her husband, he supported his father. When the second respondent disclosed the same to her father over phone, on 24-4-2001 all the accused raised a big dispute and demanded a divorce from her and they even attempted to beat her father. Ultimately, on 18-9-2001, the complainant was driven out with her wearing apparels and children by all the accused. Thus, she was subjected to untold mental agony.