Criminal petition filed under Section 482 Cr.P.C. to quash dowry harassment proceedings. Court dismissed the petition due to existence of concrete allegations and witness support in the FIR and charge sheet.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY
CRL.P.No.13068 of 2011
ORDER
This criminal petition has been taken out under Section 482 Cr.P.C by A5-Tella Kavitha in C.C.No.91 of 2009 on the file of the II Metropolitan Magistrate, Cyberabad, L.B.Nagar, to quash the proceedings therein. The second respondent filed a report before the Station House Officer, L.B.Nagar on 16-11-2008 alleging inter alia that she has been harassed by her husband, inlaws, sister-in-law (petitioner herein) on the ground of additional dowry. The Station House Officer registered a case in Cr.No.1126 of 2008 and took up investigation. After completing investigation, a charge sheet came to be filed before the II Metropolitan Magistrate, Cyberabad, L.B.Nagar. Hence, this petition by A5 seeking the relief stated supra.
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State.
Learned counsel appearing for the petitioner submits that the petitioner is a married woman and she has no say in the marital life of the de facto complainant with A1. A further submission has been made that except
making omnibus allegation against the petitioner, no specific instance of harassment attributable to her has been stated in the report and therefore, continuance of proceedings against the petitioner in C.C.No.91 of 2009 amounts to abuse of process of Court.
I have gone through the report presented by K.Shalini which forms the basis of registering a case in Cr.No.1126 of 2008 and also the charge sheet filed by the Sub Inspector of Police, L.B.Nagar Police Station. At the earliest point of time, the de facto complainant stated that the petitioner harassed her and instigated her husband, who has been arrayed as A1, to harass her. The witnesses examined during the investigation supported the version of the de facto complainant. Therefore, the accusation levelled against the petitioner in C.C.No.91 of 2009 cannot be said to be unsustainable. Accordingly, the criminal petition is dismissed.
rkk Dated: 20-1-2012
_____________________________ B.SESHASAYANA REDDY,J
1 issue framed by the court
Whether to quash criminal proceedings against the petitioner for alleged dowry harassment under Section 482 Cr.P.C.
Tella Kavitha
K.Shalini
B.Seshasayana Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
