Criminal Petition filed to quash proceedings alleging dowry harassment causing miscarriage court dismissed petition holding investigation at nascent stage and specific overt acts attributed against petitioners requiring adjudication during trial.
Criminal Petition dismissed and pending miscellaneous applications closed.
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THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY
Criminal Petition No.3214 of 2022
ORDER:-
This Criminal Petition, under Section 482 Cr.P.C., has been
filed on behalf of the petitioners/A2 to A5, to quash the proceedings in Crime No.58 of 2022 of Attili Police Station, East Godavari district.
facto complainant was performed with A1 on 26.08.2021 in the presence of elders. It is alleged that at the time of marriage, her parents gave 0.30 cents of land, 0.20 cents of paddy field, Rs.5,00,000/- towards marriage expenses, Rs.3,00,000/- towards Adapaduchu Lanchanams and 5 Sovereigns of gold articles. It is alleged that from the date of marriage, A1 harassed her both
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mentally and physically demanding additional dowry with the active support of A2 to A5. During the wedlock, the de facto complainant got pregnancy. On 14.02.2022, on suspicion, A1 kicked with leg on the stomach of the de facto complainant and thereafter the accused called the parents of the de facto complainant. On 16.02.2022, the de facto complainant was taken to Kranthi Nursing Home, Kotipalli, and she was shown there. On 19.02.2022, a complaint was filed against the parents of the de facto complainant by the petitioners herein. Thereafter, the de facto complainant was handed over to her parents in the presence of police on 21.02.2022 and she came to her parents house at Attili. Because of previous beatings of A1, the de facto complainant was suffering from bleeding and from 23.02.2022 onwards, as she was getting more bleeding, her parents joined her at Sri Venkata Ramana Nursing Home, Tanuku. After examination, the doctors stated that she had miscarriage. Thereafter, she was treated. In the circumstances, the de facto complainant has resorted in filing a complaint on 21.03.2022 against the accused.
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with the said submission made by the learned counsel for 2nd respondent.
5
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onwards, as she was getting more bleeding, her parents joined her at Sri Venkata Ramana Nursing Home, Tanuku. After examination, the doctors stated that she had a miscarriage and treated her. Thereafter, the de facto complainant has resorted in filing the present complaint.
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According to the complainant, miscarriage was caused because of the beatings received from A1. Going by the averments contained in the FIR, there are specific accusations as against the petitioners herein that they along with A1 harassed the de facto complainant both mentally and physically demanding additional dowry and caused miscarriage to the de facto complainant. Truth or otherwise of the said accusations has to be decided during the course of investigation. The investigation is at nascent stage and that too, when a serious offence like Section 313 IPC is alleged against the petitioners herein, where miscarriage was caused to the de facto complainant by their beatings, this Court cannot interfere with the proceedings at this stage purely on the ground that the present complaint has been filed as a counter blast to the complaint filed by the petitioners herein against the parents of the de facto complainant. This Court, in a petition under Section 482 Cr.P.C., would not be in a position to conduct a roving enquiry into the disputed questions of fact as to whether the accusations that have been made in the FIR are true or not. When specific overt acts have been attributed against the
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petitioners herein, this Court is not inclined to interfere with the proceedings at this stage.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.
______________________________ JUSTICE K. SREENIVASA REDDY
Date:04.08.2023 Nsr
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THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY
Criminal Petition No.3214 of 2022
Date:04.08.2023
Nsr
2 issues framed by the court
Whether criminal proceedings under Sections 498-A IPC and Dowry Prohibition Act should be quashed when the investigation is at the nascent stage involving serious allegations of miscarriage.
Whether the delay in filing the petition by the petitioners compared to the time of the alleged incident warrants quashing the proceedings.
2 provisions across 2 enactments
A2 to A5
A1
K. SREENIVASA REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
