P NAGESHAYYA IN RE Vs. STATE

JUDGEMENT

(1.) A complaint has been filed by the mother on behalf of her daughter Smt. Sarada, wife of A-1, alleging that A-l to A-5 have committed offences punishable under Sections 494, 496, 498-A, 120-B and 34 IPC and Sections 4 and 6 of the Dowry Prohibition Act. The VI Metropolitan Magistrate took the case on file.

(2.) A-4 is the daughter of A-5. A-2 and A-3 are the father and mother of A-l. The Magistrate took the complaint on file against the 1st petitioner (A-5) under Sections 120-B, 34 and 109 1PC and against the 2nd petitioner (A-4) under Sections 494 and 496 1PC. The 1st and 2nd petitioners A-5 and A-4 filed this petition under Sec. 482 Cr. P.C. to quash the proceedings against them in C.C. No. 377/87 on the file of the VI Metropolitan Magistrate, Hyderabad.

(3.) The facts alleged in the complaint are as follows : Smt. Sarada, 2nd daughter of the complainant, was given in marriage to the 1st accused and the marriage was celebrated on 22-2-1984 according to the Hindu Dharma Sasthras, customs of Madhwa Brahmin Community and Hindu Act. The marriage was consummated. They lived together as husband and wife. During the marital life of two years, Smt. Sarada could not beget any children. The brother of A-l was married to a lady working in the Accountant-General's office and she brought huge dowry and she was drawing handsome salary. The acts done by A-l to A-3 caused mental agony and Smt. Sarada applied for a post in Andhra Bank and she was selected as a Clerk. A-l persuaded Smt. Sarada to join the post and ultimately she joined at Warangal on 29-12-1986.