TAMMINEEDI BHASKARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) Seeking to have the proceedings in Cr. No. 31 of 2005 of Samalkota Police Station, East Godavari District quashed, the present criminal petition is filed by accused 2 to 4. The complaint, in Cr. No. 31 of 2005, was filed before the Samalkota Police Station against accused 1 to 4 for offences under Sections 417, 418, 420, 498-A, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.

(2.) The allegations in the complaint, filed on behalf of the complainant by her mother and power of attorney holder, are that the complainant is living in St. Kitts in the U.S.A. The 1st accused is her legally wedded husband and the 2nd, 3rd and 4th accused are the father, mother and brother respectively of the 1st accused. The complainant, though born in Kakinada, went away to the U.S.A. along with her parents and was brought up there. She later came down to India for her higher education and joined M.B.B.S. course in the Manipal Medical college in the year 1995. In May 1996, accused 1 to 4 approached the complainant, and her father (L.W-2), at the house of one Betina Setayamma (L.W-3) seeking marriage alliance of the complainant with the 1st accused, however, with the condition that the complainant and her parents should bear all the expenses of the 1st accused for his career and stay in the U.S.A. The accused are said to have asked the complainant's father as to how much assets would be given by him to his daughter and it is only when the complainant's father informed that the complainant had nearly 2 lakh U.S. dollars in her account, that the accused started marriage talks with the complainant's father. The 2nd accused is alleged to have demanded Rs. 2,50,000/- as dowry for performing the marriage of the 1st accused with the complainant and to have also asked the complainant's parents to bear the entire responsibility of the 1st accused from the date of the wedding, including expenditure towards his education in India, his VISA and other expenses to go to the United States of America for higher education and the entire expenditure for his travel, stay in the U.S.A. etc.

(3.) The complainant's parents agreed to bear all the expenses in the interest of their daughter anticipating a good future for her. All the accused had made the complainant believe that the 1st accused would look after her well and would live happily with her as husband and wife. The engagement, of the complainant and the 1st accused, took place at Kakinada in May, 1995. At that time the complainant's parents also got the "Lagna Patrika" imprinted of a six sovereign gold plate and gave it to the accused. The 2nd accused also collected Rs.50,000/- from the complainant's father apart from dowry and at that time all the accused had promised, and had made the complainant believe, that the 1st accused would look after and live happily with her as husband and wife. Believing their words, the parents of the complainant agreed to spend the huge amount required for his stay in the U.S.A. to pursue his career. The marriage, between the complainant and the 1st accused, was solemnized on 19th December, 1996 at Ladies club Building, Kakinada. On the demand of the accused, the complainant's father's elder brother (L.W-4) paid Rs. 2,00,000/- to the 2nd accused in the presence of L.Ws 1 to 3 and 5 to 8 and the same was recorded in a video cassette. The complainant's parents gave a diamond ring to the 1st accused, apart from silver articles, and spent Rs.5,00,000/- towards the marriage. The marriage was also registered with the Registrar of Marriages at Kakinada. Ever since the beginning, the complainant found that the 1st accused was reluctant to live with her and was deliberately avoiding her company. The complainant was genuine in her approach towards the accused, and was trying to understand his feelings, but the 1st accused never tried to lead a normal married life with her. The 1st accused used to ask for money and the complainant had no other go but to draw money from her account. The accused had drawn the entire amount, from the complainant's account, from time to time, on some pretext or the other. The complainant was confused over his behaviour and was unsure as to whether he liked her at all or had got married to her for the sake of her money or only with the aim of going to the U.S.A. Whenever the complainant asked the 1st accused about his behaviour he used to talk to her in a rude manner, gave her an ultimatum not to question his behaviour and also insisted that she not to reveal his attitude to any one else. The 1st accused is said to have threatened not to live with her if his green card status was not arranged by the complainant and her parents. The complainant went into a state of dejection. The 1st accused is said to have deserted the complainant for months together without reason and without communicating with her. He remained cold and detached towards her. She had to undergo suffering due to the mental cruelty inflicted by him on her by his behaviour. Accused 2 and 3 supported the 1st accused and abetted him in his acts of cruelty towards the complainant. The 1st and 2nd accused retained with them the gold "Lagna Patrika", silver articles, gold kumkuma bharini etc. After her wedding, it was decided that the 1st accused would go to Manipal to prepare for his exams and live with the complainant. However the 1st accused expresses his unwillingness either to go to Manipal or to join the complainant there and wanted to stay at Hyderabad to prepare for his examination. The complainant's parents advised her to discontinue her studies in Manipal Medical College and to pursue her family life with the 1st accused. Though the complainant's father had spent more than 60,000 U.S. Dollars for her education in the Medical College, they advised her to discontinue her medical education for the sake of her matrimonial life and to join the 1st accused at Hyderabad. To their shock and surprise, the 1st accused declined to take her to Hyderabad to live with him stating that it would be a great hindrance to his education as he would lose concentration in his studies.