AVULA KALPANA Vs. STATAE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, by the petitioners/accused Nos.2 and 3 seeking to quash the proceedings in C.C.No.4921 of 2020 on the file of the V Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge, Cyberabad at L.B.Nagar, for the offences punishable under Ss. 498-A, 323 and 506 of the Indian Penal Code, 1860 (for short, 'the IPC') and Ss. 3 and 4 of the Dowry Prohibition Act, 1961 (for short, 'the D.P. Act').

(2.) Brief facts of the case: Respondent No.2 lodged a complaint on 17/3/2020 stating that her marriage was solemnized with accused no.1 on 8/11/2019 at TNR Susheela A.C. Function Hall, Kothapet, as per Hindu rites and customs. At the time of marriage, as per the alleged demands of the petitioners and accused No.1, her parents gave 70 tulas of gold ornaments, furniture, and spent about Rs.45.00 lakhs towards the marriage expenses and presentation. After the marriage, respondent No.2 joined her matrimonial home at Gudur, where she lived with accused No.1 and his parents i.e., the petitioners herein, for a few days. Thereafter, differences arose between her and accused No.1. She stated that accused No.1 started ill-treating her, picking up quarrels on petty issues, and insisting that she should quit her employment. She further alleged that accused No.1, without any reason, abused her and her family members, expressed that he did not like her, and declared that he did not wish to have children with her. The petitioners, being the parents of accused No.1, failed to intervene and instead supported his behaviour. She further alleged that accused No.1 demanded an additional dowry of Rs.10.00 lakhs and that she had transferred an amount of Rs.55,000.00 to his account. It was also alleged that accused No.1 used to lock her inside the house, subject her to physical and mental cruelty, and restrain her from visiting her parental home. On one occasion, when her parents came to take her, accused No.1 allegedly dropped her at Lakdikapool Metro Station and sent her away, stating that he did not wish to continue the marital relationship. Despite several attempts by her parents and other elders to reconcile the differences, accused No.1 continued to ill-treat and threaten her, and the petitioners failed to restrain him or provide any support. Basing on the said complaint, the police registered a case in Crime No.123 of 2020 for the offences punishable under Ss. 498-A, 323, and 506 of the IPC and Ss. 3 and 4 of the D.P. Act, against accused No.1 and the petitioners. The Investigating Officer recorded the statements LWs.1 to 6, collected evidence, and upon completion of investigation, filed a charge sheet on 30/6/2020 before the V Additional Metropolitan Magistrate-cum-V Additional Junior Civil Judge, Cyberabad at L.B. Nagar, Ranga Reddy District, and the case was taken on file as C.C.No.4921 of 2020 and the learned Magistrate issued summons to accused No.1 and the petitioners.

(3.) Heard Mr. S. Leo Raj, learned for the petitioners, Mr. B. Akash Kumar, learned counsel, representing Mrs. C. Sriharshitha, learned counsel for respondent No.2, and Mr. M. Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent No.1-State.