HON’BLE SRI JUSTICE K.

SURENDER

CRIMINAL PETITION No.8083 OF 2022

ORDER:
1. The petitioners are A2 to A5 in CC No.2984 of 2022,

which case is filed by Medipally Police alleging offences under

Sections 498-A, 506 of IPC & Section 4 of the Dowry

Prohibition Act.

2. Briefly, the case of the prosecution is that the 2nd

respondent/defacto complainant is the wife of A1. The

petitioners 1 and 2 herein, who are A2 and A3 are the parents-

in-law and 3rd petitioner/A4 is the sister of A1 and 4th

petitioner/A5 is the husband of 3rd peitoner/A4.

3. The 2nd respondent filed a complaint stating that on

22.03.2022 their marriage took place at Arya Samaj,

Hanamkonda. The said marriage was registered and certificate

of marriage was issued by the Registrar of Marriages,

Warangal on 28.03.2022. When she stayed with A1 for five

days in Hanamkonda in his room, she was subjected to severe

violence for dowry. A1 abused her and threatened that she

should get more dowry if she wants to stay with him. The
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petitioners herein also abused her stating that marriage with

someone else would have fetched Rs.40 to Rs.50 lakhs dowry.

For the said reason, she was physically and mentally abused.

Further A1 threatened that certain personal intimate videos

and photos would be uploaded on to social media if dowry is

not given. She came to know that A1 had several relations

with other girls and when questioned, he said that he would

do anything and he was man and a woman has to obey

whatever a man says. For the reason of harassment by A1 and

these petitioners, a complaint was filed. Police, after

investigation filed charge sheet against A1 and these

petitioners/A2 to A4 for the offence under Sections 498-A, 506

of IPC and Section 4 of the Dowry Prohibition Act.

4. As seen from the complaint, the defacto complainant

stayed for a period of one week with A1. In the entire

complaint and Section 161 Cr.P.C statement made, there is no

mention that at any point of time, the defacto complainant

stayed with these petitioners. Further, vague allegation is

made that these petitioners harassed for dowry to be given to

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A1. Admittedly, the 2nd respondent/defacto complainant filed

divorce application on the ground of cruelty in June, 2022.

The allegations in the complaint apparently are vague in

nature alleging support by petitioners to A1’s demand for

additional dowry. When the 2nd respondent/defacto

complainant stayed only for five days with A1 and never

stayed with these petitioners at any point of time, the

allegations of harassment for dowry appear to be highly

improbable and made up for the purpose of the case.

5. In Kahkashan Kausar v. State of Bihar (2022 SCC

OnLine SC 162), the Honourable Supreme Court held that

allowing prosecution in the absence of clear allegations against

the in laws would only result in abuse of process of law and

that there cannot be any criminal case on the basis of false

and omnibus allegations.

6. In the back ground of the allegations leveled against

these petitioners that they have abetted A1 for demand of

dowry, without any specific details or instances, the

proceedings against these petitioners is nothing but abuse of

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the process of the Court. For the said reasons, the petitioners

succeed.

7. In the result, the proceedings against petitioners/A2 to

A5 in CC No.2984 of 2022 on the file of IV Additional

Metropolitan Magistrate, Medchal-Malkajgiri District, are

hereby quashed.

8. Criminal Petition is allowed.

Miscellaneous applications, if any, pending shall stand

closed.

__________________
K.SURENDER, J
Date: 13.12.2022
kvs
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HON’BLE SRI JUSTICE K.SURENDER 

CRIMINAL PETITOIN No.8083 OF 2022

Date: 13.12.2022.

kvs

 
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