T SRINIVAS MURTHY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioners are A.2 to A.4 of whom A.4 stated died. They are seeking to quash the proceedings in C.C.No.354 of 2015 pending on the file of the I Additional Judicial First Class Magistrate, Warangal, where the learned Magistrate has taken cognizance for the offences punishable under Sections 498-A, 313, 406 and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, including against A.1, no other than the husband of the de facto complainant, and A.5. A.2 and A.3 are the parents of A.1. A.4 is since died brother of A.1. It is based on the report of the de facto complainant, dated 08.06.2012, addressed to the Additional Director General of Police, CID, Hyderabad, in Crime No.46 of 2012 was registered for the offences supra. The report reads that the marriage of the de facto complainant Smt. T.Padma @ V. Padma W/o.T.Sai Prasanna Kumar (A.1) performed on 17.11.2005 at Warangal, arranged through elders including one Rama Murthy, Ex. Professor of NIT, Warangal, and Smt. Bharathi W/o.Nagaraja Kumar, Hyderabad. There was suppression of several facts regarding the bad habits and vices of A.1/the groom including he is addicted to smoking and drinking and irritable behaviour. Thereby she and her parents were cheated and deceived by suppressing the facts and without knowing her parents arranged the marriage that was later performed by meeting the demand of accused for Rs.25 lakhs, which is presented in the form of gold and silver articles, and spent about Rs.12 lakhs for the marriage expenses. It is the second marriage for both of them and after marriage she joined her husband/A.1 at Bangalore and stayed for two weeks and after that A.1 left to USA and she stayed at the in-laws house with A.2 and A.3 for 1 1/2 month at Bangalore, there she was harassed for un-satisfaction of the conducting of marriage and meeting of the expenses by not getting the expected articles further. In May 2006 she went to USA and joined her husband and after a period of one week there, he started harassing her for property and money whenever he received calls from his parents in this regard and started harassing even she was trying to convince him to lead happy life. She became pregnant in June 2006 and delivered a male child in February 2007 in USA. To her shocking, the harassment continued even thereafter and she was forced to consume alcohol by him and raising quarrels for refusal and even for petty things and from his failure of attempts to cause terminate her pregnancy, he used to trash her out of his bad temper and to bring money and property from her parents and to file case against her parents for money and property for partition and used to say on her father's death she could get property. He while at America, once abandoned her and the male child at the fourth month of the child at Colorado, USA, and went to Austin on the pretext of his job and in that period they were not even given basic allowances and amenities for three months for survival and she was on the mercy of neighbours for help to survive. On first birth day of child performed at Banaglore, there she was beaten in front of her inlaws by her husband and even her in-laws/A.2 and A.3 supported A.1 in the attack and attitude of A.1 and they all threatened her for dire consequences including to do away unless she bring money and property from her parents and if she is choose to divorce they attacked on her, they took her jewellary. They returned back to America, where even he continued the harassment for property and money and used to video record of her cries from his beating and he is a man of suspicion and very nasty and used to block her cell phone and land line international outgoing and used to make her house arrest without connection to outside environment and used to abuse her in unparliamentarily words like Mala Munda and Madiga Munda and as if she is a prostitute and her parents house as if a brothel house. His bad behaviour no way changed despite her repeated requests and putting up and unable to bear the torture and with no option she called 911 emergency protection number of USA twice, where he threatened to kill her if she open her mouth in front of police and forced not to divulge the truth. At her second pregnancy in February, 2009 he trashed her to floor and threatened to terminate the pregnancy despite her pleading not to do so and her in-laws also forced her to undergo termination and he took her to the Planned Parenthood Hospital in Austin USA and cause terminated the pregnancy and she registered a similar opinion in the hospital records and from the forcible termination she suffered from fever due to fear of life threat and he attempted to kill her and make her morbid by pouring hot coffee on her and he was demanded money and property from her parents and whenever she refused to ask, he was abandoning her and the child at America and was returning to India and after waiting for three days with the help of well wishers she came to India and went to her brother's house and after she landed in India, she lodged a complaint against him and in-laws on 07.03.2011 at Warangal, later at different occasions they called him for panchayats through caste elders and he refused to give any written assurance for her safety and of the child and also demanded Rs.1 crore from her parents, he used to say no one can touch him as his elder brother is a criminal lawyer in Bangalore with high influence and otherwise he is in USA and can manage with manipulation and he made calls to her and her father few weeks back and threatened to kidnap the child and kill her at any time as his brother is criminal lawyer and influential. Hence, to take action against her husband, parents-in-law, brother-in-law and brother-inlaw's wife by showing as A.1 to A.5.

(2.) The police after investigating by showing five accused, by citing 13 witnesses including the Investigating Officers LWs.10 to 13, besides the de facto complainant LW.1, her father LW.2, her mother LW.3, her brother LW.4, her maternal uncle LW.5, her maternal uncle's wife LW.6 and other witnesses, no other than the friends of her father LWs.7 to 9, filed charge sheet, dated 29.05.2015, and the learned Magistrate has taken the case on file for the offences supra against A.2 to A.5, while ordering NBW against A.1 in abscondance and summons to other accused on bail earlier. It is the same now sought for quashing.

(3.) The contentions in the quash petition are that but for marriage performed at Warangal and the couple lived for short time at the inlaws house at Bangalore after marriage, dated 17.11.2005 till he left USA two weeks later and what she stayed at the in-laws till she joined her husband in May 2006 at USA, the main acts of allegations are only in USA and attributing to the cruel conduct of her husband/A.1 for the harassment and ill-treatment and but for stray allegation of A.2 and A.3 supported A.1 and A.1 used to proclaim that A.4 brother of him is a influential criminal lawyer of Bangalore can manage things, there is no any cause of action for the learned Judicial First Class Magistrate, Warangal, to take cognizance of any of the offences from the investigation of the police locally and the proceedings are thereby liable to be quashed. It is also averred that the so-called forcible termination of pregnancy for the second time by A.1 of the de facto complainant in USA is a concocted story invented for foisting a false case and her report was dated 08.06.2012, to the Additional DG, CID, Hyderabad, whereas she came back to India on 07.03.2011 more than one year three months prior to that and kept quiet for such a long period without report. The de facto complainant filed O.P.No.246 of 2012 before the Family Court, Warangal, for restitution of conjugal rights, she refused to give custody of the child to A.1 and there were exchange of notices in relation to the custody of the child and the criminal proceedings are belatedly and falsely foisted. A.4 is a practicing advocate and his wife A.5 of Bangalore and they never stayed together with de facto complainant and A.1 and even the residents of A.2 and A.3 is at Sajapura Road, Bangalore, whereas that of A.4 and A.5 is National Games Indore Stadium, Korumangla, Bangagore, and thereby sought for quashing the proceedings.