KATIKINENI RADHA DEVI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners are accused Nos.2 and 3 in C.C.No.465 of 2009, on the file of the learned Judicial Magistrate of First Class, Godavari Khani, outcome of Crime No.345 of 2006, dated 10.10.2006, of Godavari Khani I Town Police Station, Karimnagar District, registered for the offences punishable under Section 498 A of Indian Penal Code, 1860 (for short, 'IPC'), and Sections 3 and 4 of the Dowry Prohibition Act (for short, 'the D.P. Act'), on the report of the de facto complainant2nd respondent. The petitionersA2 and A3 are no other than motherinlaw and sister inlaw of the de facto complainant. The petitioners are seeking to quash the above CC proceedings.

(2.) The contents of the report of 2nd respondentde facto complainant, dated 10.09.2006, addressed to the Hon'ble Chief Minister of Andhra Pradesh by then and by marking copy to the Hon'ble Home Minister of the Andhra Pradesh State by then and from the endorsement of the Hon'ble Home Minister to the Police by then in registration of said Crime No.345 of 2006 by Godavari Khani I Town Police Station, Karimnagar District, on 10.10.2006, for the offences punishable under Section 498A IPC and Sections 3 and 4 of the D.P. Act, are that her marriage with A1 was performed on 26.06.2002 at Imperial Gardens, Sikh Village, Hyderabad, and at the time of marriage, her father has given Rs.20,00,000 cash, gold and silver jewellery worth Rs.15,00,000 and other items of Rs.2,00,000 as per the demand of the accused and after marriage, she resided with her husband for 10 days at her inlaws' house and during that period, her motherinlaw and sisterinlaw, the petitioners herein, insulted her with sharp words criticizing her dressing and used to force her to consume birth control pills everyday and when she questioned about that they convinced her saying she was newly married. After about ten days, she accompanied her husband to Atlanta, America and at America, her husband behaved normally with her and thereafter, her motherinlaw and sisterinlaw used to make phone calls and talk to her husband for long time and used to influence her husband saying bad against her and used to instruct him and manage him not to lead matrimonial life with her. Whenever they make phone call to her husband, he used to demand her saying that she should bring another Rs.10,00,000 from her father towards additional dowry, otherwise he will give divorce to her and used to threaten her. Even the petitioners herein used to subject her to severe torture and mental agony saying why won't she bring another Rs.10,00,000 and abusing in filthy language and her husband used to direct her saying she should act according to his sister and should not do anything on her own accord and she kept patience that he would change his attitude. Thereafter during the month of November, 2002, she and her husband returned to Hyderabad and after reaching Hyderabad, her motherinlaw and sisterinlaw started abusing her directly and asking her as to why she was not bringing another amount of Rs.10,00,000 as additional dowry from her parents and when she asked them to send her to her parents' house, they put her in a room and locked from outside and taken her cell phone also. Thereafter she informed about this to her father over phone and her father came to Hyderabad and took her to Godavari Khani. After few days, without information to her, her husband proceeded to America and when she went to her inlaws' house, her mother inlaw and sisterinlaw not allowed her into the house saying false to her that her husband went to Bangalore and necked her out saying that they will allow her only if she bring Rs.10,00,000 amount as additional dowry. Thereafter, twice or thrice, they arranged talks with elders viz., J.Ramchander Rao, N.Prabhakar Rao, A.Rajeswar Rao and M.Bhaskar Rao etc., with the petitioners herein and said elders gathered information from her and petitioners herein and tried to convince them not to behave with the complainant in such a manner and scolded them to convince their son to ensure happy matrimonial life with her, but they paid deaf ear. After waiting for sometime, with a strong intention to reach her husband, she proceeded to America to meet her husband during March, 2004, and when she approached him at America, he too necked her out of the house saying there is no necessity for him to remain with her and she took shelter at her relatives at America and doing some job there and tried number of times to contact her husband, but he simply ignored her and having no other alternative, she returned to India. Thereafter, she came to know that her husband filed petition before the Court of law at America and obtained divorce decree without information to her during the month of July, 2004, on the pretext that she was keeping herself away from him disallowing him to lead matrimonial life and he had even misguided the Court that he had sent notice to her. Even though her father tried his level best through the mediation of elders, there was no change in the attitude of the accused, hence to take action.

(3.) The Police after investigation filed charge sheet, dated 10.06.2009, by citing eleven witnesses including L.Ws.10 and 11 Investigating Officers besides the complainant (victim)L.W.1, her fatherL.W.2, motherL.W.3, brotherL.W.4, socalled caste elders L.Ws.5, 6 and 7 and socalled circumstantial witnessesL.Ws.8 and 9. The learned Magistrate therefrom taken cognizance against the accused persons for the offences punishable under Section 498A IPC and Section 4 of D.P. Act, which is the subject matter of impediment herein.