DHARSHANALA DAYANAND Vs. VAJJALA SWAPNA

JUDGEMENT

(1.) The petitioners are A.1 to A.4 of Crime No.565 of 2018 of Raidurgam Police Station of Cyberabad Commissionerate registered on 27.10.2018 for the offences punishable under Sections 498-A, 506 and 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, from the report of the 1st respondent-de facto complainant, no other than the wife of the 1st petitioner-A.1, A.2 and A.3 are the parents of A.1 and A.4 is the brother of A.1, all are residents of Karwan of Hyderabad.

(2.) As per the report of the de facto complainant in registration of the crime, the marriage of the de facto complainant with A.1 was performed on 23.04.2008 at Sri Venkateswara Swamy Temple, Rayadurg, arranged by elders, preceded by marriage talks and engagement, that the accused persons approached the parents of the de facto complainant in proposing the de facto complainant to A.1 in February, 2008, with assurances of A.2 and A.3 that A.1 is well mannered and sober, by suppressing the fact that he is a vagabond and habitual drunkard and though he holds M.C.A. graduation never stays with any employer for a considerable period and always looses his job on account of his conduct and unable to know this, parents of the de facto complainant agreed for proposal with A.1. It is also represented as if A.2 is working as Headmaster though retired. A.1 and his parents-A.2 and A.3 and A.4-the brother of A.1, demanded that engagement ceremony be performed on 06.03.2008 only her parents pay the dowry amount of Rs.3,50,000/- in cash and accordingly on payment of the same, engagement ceremony was performed on 06.03.2008 and they demanded further four tulas of gold, Honda Unicorn two wheeler, house hold articles including cot, almiray, cooking materials, etc., at the time of marriage fixed to be performed on 23.04.2008 and accordingly it was performed and the demands were fulfilled. It is further averred in the report that after marriage they blessed with no children and they approached the hospitals to know the deficiency and it came to know on account of his vices in smoking and drinking, no children conceived and despite her requests he never stopped his habits and always he is linking with other women through face book and other social network sites and on account of his above vices the hopes mused and money spent by her parents wasted. Her in-laws undertook to demolish their house and construct a new one and forced the de facto complainant and A.1 to leave the house in December 2009, therefrom they vacated the house of their in-laws and later A.1 increased his bad habits and started harassing de facto complainant physically and mentally making unbearable. In March 2011, her in-laws called back, but A.1 not even in control of his parents, her parents and brother i.e., A.2 to A.4 always supporting A.1 by subjecting the de facto complainant to mental abuse and physical harassment. A.1 was not doing any job for maintenance therefrom de facto complainant started working in Karvy and spending the amounts for the family maintenance. Even she was maintaining the family with hard earned income of her, A.1 did not stop his demands for additional dowry from the parents of her and due to unbearable harassment and from his pouring of kerosene on her by putting to mental agony with constant harassment including for additional demand, her mother V. Sangeetha fell sick and breathed last on 23.01.2012 and later even the accused did not stop their torture of de facto complainant and he has even started putting his profile in matrimonial websites to further harass the de facto complainant and with no go she left to her parents. In February 2013, A.1 came to her parents and requested to send de facto complainant back to him with false assurances saying he had given up his vices and intended to lead normal life and even she believed his assurances and joined him where they were living at her in-laws house all the accused demanded to pay Rs.8,000/- per month towards rent of the accommodation of their house and the de facto complainant used to pay the same and they further collected Rs.50,000/- from her parents stating for personal leads and again collected Rs.20,000/- from the further say of required for treatment of her mother-in-law (A.3) and they subscribed Rs.50,000/- in a chit near her parent's house and after became highest bidder never paid the installments that were cleared by her father, A.1 sold his two wheeler presented by her father by mis-using the sale proceeds to his vices and started demanding to gift a new vehicle and her father gifted new vehicle Honda Activa that was also sold and mis-used by A.1. A.4 also fell huge debts and in the habit of demanding her father additional dowry for such reason as well and they extracted money many a time never given her dignity as wife of A.1 with abuses including in filthy and by manhandling in extracting money. A.1 developed illicit relationship with one Sirisha by representing her as if he is un-married and he extracted money from her also and started declaring her as his wife and stayed with her at Punjagutta in a rented house, his parents and brother are aiding him in all these illicit acts and A.2 even went to the extent of advising A.1 and Sirisha for marrying together having full well know the de facto complainant is wife of A.1. A.2 started saying he is a practicing advocate and he can manage everything and anybody. On 31.03.2017 night at about 9.00 p.m. A.1 and his parents locked the doors of their house from inside by necked out de facto complainant and in that night she left to her parents house and started living there till date. When herself and her father and relatives went to question the accused, they threatened to attack with sticks unless they leave their house. It came to know A.1 developed illicit relationship with Sirisha and cautioned Sirish about conduct of A.1 and he is already married to de facto complainant and after alleging fraud when Sirisha left him and stopped paying money he is now threatening to kill the de facto complainant through sham accidents in the journey to the place of her employment. Hence to take action.

(3.) The contentions in the quash petition are that the allegations are baseless, false and untrue and self serving about 10 years after the marriage are false and there is a consent divorce petition filed on 09.11.2018 to dissolve the marriage between the de facto complainant and A.1 pursuant to the Memorandum of Understanding (MOU) entered between them and a letter was given to the Inspector of Police, Raidurgam, who registered the crime, on 15.11.2018 of the both parties settled amicably before elders covered by MOU, dated 09.11.2018, and in view of the compromise and from the settlement, the continuation of proceedings are nothing but abuse of process and sought for allowing the petition by quashing the proceedings.