ARISHANAPALLY PENTAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners are A-2 & A-3 among three accused, no other than husband and parents of the husband of the de facto complainant/2nd respondent, in C.C.No.950 of 2018, pending on the file of the learned XXIV Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad, taken cognizance for the offences punishable under Section 498-A of Indian Penal Code (for short, 'IPC') and Sections 3 & 4 of the Dowry Prohibition Act, 1961, which is outcome of Crime No.55 of 2018, dated 12.02.2018, of the de facto complainant, registered by Balanagar Police Station, Medchal District, and from the investigation after examination of five witnesses including the de facto complainant victim and her parents, her mother, brother and two elders and by citing the panch witnesses L.Ws.6 & 7 and the Investigating Officers - L.Ws.8 & 9, filed the charge sheet, from which the cognizance was taken. It is impugning the same, the present quash petition is filed by the parents-in-law of the de facto complainant, who are A-2 & A-3, with the contentions in the grounds of the quash petition that even on the face value of the entire investigation material covered by the police final report taken cognizance by the learned Magistrate, there are no any sustainable accusations to attract any of the offences punishable under Section 489-A IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961, and the cognizance order is unsustainable and the criminal petition is liable to be allowed.

(2.) Heard learned counsel for the petitioners and taken as heard the 2nd respondent for notice sent by Registered Post as per the track record served with no representation and also heard the learned Public Prosecutor representing the 1st respondent State and perused the material on record.

(3.) From the very report of the de facto complainant in registration of the crime and from the examination of the witnesses in filing the police final report that was taken cognizance for the offences, the facts on record discloses that marriage of A-1 with de facto complainant was performed on 12.08.2017 at Balanagar, Hyderabad, arranged through elders. It is the say of the de facto complainant in her report and statement before police that as per the wish of the mother-in-law, who is the 1st petitioner herein - A-2, Rs.10,00,000/- cash, 3 tulas gold and 25 tulas silver was given at the time of marriage and for one month after marriage, the marital life went smoothly and happily and thereafter A-1, husband of the de facto complainant, daily coming under intoxication and abusing her in vulgar and by teasing her as if she is a stout personality and the mother of the de facto complainant also came and questioned them and convinced for treating her well. However, after few days, he reverted his old conduct and on one day, he came under intoxication and woke up her while she was under sleep and altercated with her by saying he is not liking her and leave the house or to die and beat her and slapped with chappals and she went to the second floor to avert his attack further. He came there and again forcibly dragged her to the bed room and also slapped her and with cigarette buds caused burn injuries on her back.