ERUKULLA ANIL KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners are A.1 to A.8 in C.C.No.731 of 2017 on the file of the XIX Metropolitan Magistrate, Kukatpally at Miyapur, taken cognizance for the offences punishable under Sections 498-A and 417 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, out come of Crime No.123 of 2016 of Chandanagar Police Station from the report of the 2nd respondent/de facto complainant, no other than the wife of A.1, A.2 and A.3 are the parents-in-law of the de facto complainant, of whom, A.1 to A.3 are residents of Hanamkonda. A.4 and A.6 are the sisters of A.1 and daughters of A.2 and A.3 and A.5 is the husband of A.4 and A.7 is the husband of A.6 and of whom A.4 and A.5 are residents of Dallas, USA and by now at Notre Dame, USA and A.6 and A.7 are residents of Pune, Maharastra. A.8 is shown as elderly person, who arranged their marriage, is a resident of Warangal. They are seeking to quash the calendar case post cognizance proceedings.

(2.) Heard counsel for the petitioners, counsel for the de facto complainant appeared in person and also learned Public Prosecutor representing the State. Perused the material available on record for answering the rival contentions covered by the lis.

(3.) The report of the de facto complainant in setting the law in motion in registration of the crime on 09.04.2016 at 1300 hours reads that she being a B.Tech graduate is working in CSC India Private Limited, Hyderabad, by residing at Chandanagar. Her parents came in touch with A.1's parents through Somanadham/A.8, family friend, for the marriage proposal from the pretence by A.8 of Grooms' family is very good, they went for negotiations and after that the marriage was performed on 05.03.2014 at Annapurna Kalyana Mandapam, BHEL, Hyderabad. As per the demands of her husband and other family members, her father gave dowry of Rs.2 lakhs in cash and Rs.10 lakhs worth gold jewellary and also spent about Rs.8 to 10 lakhs for marriage expenses as per the desire of groom and his family and after marriage and formalities, she joined her husband at the in- laws house at Hanamkonda, Warangal, and after formalities completed she joined her husband at Bangalore on 03.04.2014 and the marital life went on happily for few days and they went to Mysore for pleasure trip. A.1 had a mental break out and was behaving absurdly like singing, laughing, walking restlessly irrespective of time and when she informed to her father-in-law and mother-in-law/A.2 and A.3 about A.1's behaviour, they tried to impress that he is alright and of good health and also tried to convince that the breakout might be because of stress caused at work and when there was no improvement in his condition and she informed the same to her parents and after couple of days from his mental behaviour his parents came to Bangalore along with medicine 'Serenace' and they stated that they consulted a doctor Jagadeesh Babu of Warangal and got the medicine as per his advice. Her father came to Bangalore on 15.05.2014 and when her father started asking questions about his condition, they tried to cover up and tried to convince as if he was well by health. On enquiring and further research, they came to know that A.1 has been suffering from Schizophrenia since long time and he cannot stay normal without medicines and has been brought to the notice that it is not curable and he has to go for life time medication. Her in-laws and herself took him to National Institute of Mental Health and Neuro Sciences (NIMHANS), Bangalore, for thorough examination, where he was treated for more than six months and Doctors confirmed that the disease was chronic one and cannot be cured and he has to be on medication for lifetime. After knowledge of the facts to her and her family members, her in-laws started harassing her mentally. She therefrom states above accused persons cheated her by hiding the truth of his mental ill-health and ruined her life. Hence, seeks to take action against her husband, father-in-law, mother-in-law, eldest sister- in-law and her husband and the other sister-in-law and her husband and the groom's family friend N. Somanadham, who acted as mediator, for their cheating and ruining her life.