M SADASIVA NARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed under Section 482, Cr.P.C. praying to quash the proceedings in C.C. No. 59/1991 on the file of the Court of V. Additional Munsiff Magistrate Guntur.

(2.) The petitioner herein is the 1st accused in C.C. No. 59/1991. His father was shown as 2nd accused, but since he died during the pendency of the criminal case, case against the 2nd accused was abated on 11-3-1996.

(3.) The facts of the case are that basing upon a complaint given by the wife of the petitioner-accused viz., Naga Padmavathi on 3-1-1991, the Station House Officer, Pattabhipuram, Guntur, filed charge-sheet against the accused in Cr. No. 2/1991 for the offences under Sections 498-A, 379 and 323 of the Indian Penal Code. It is alleged in the charge-sheet that the petitioner married the said Nagapadmavathi about nine years back as per caste custom and at the time of marriage, the parents of Nagapadmavathi presented cash of Rs. 50,000.00 and also about 30 sovereigns of gold ornaments and about 5 Kgs. of silver towards dowry to the accused. The parents of Nagapadmavathi also presented 'Jai Andhra Hotel' to Nagapadmavathi. Subsequently, both of them have led their marital life happily for about 5 or 6 years and two male children were also born out of their wedlock. It is further alleged that the petitioner, having addicted to all vices such as drinking, debauchery etc., used to demand the de facto complainant for more dowry to be brought from her parents. It is also alleged that the 2nd accused, the father of the petitioner, who is no more, used to carry tales against the de facto complainant to the petitioner and used to instigate him to beat her. While so, on 31-12-1990 at about 11.30 p.m., the petitioner came to the house in a drunken state and picked up quarrel with Nagapadmavathi for not bringing additional dowry and also beat her indiscriminately all over her body and torn her clothes and that finally he snatched away a gold chain from out of the neck of Nagapadmavathi. Thereafter he pushed her away from out of the house. Thus, the charge.