APHC010107292021

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE TWELFTH DAY OF

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JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT

THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

CRIMINAL PETITION NO: 1713 OF 2021

Between:

• 1. Yasmeen,, W/o. Mukram Sheriff, Aged about 45 years, R/o. 14/18, Kambar Street, Rajaram Mehta Nagar, Aminijikarai, Chennai, Tamilnadu State-600029.
• 2. Shaik Mahaboob Basha @ Mohammed Mahaboob Basha,, S/o. Mohammed Rahamathulla, Aged about 60 years, R/o. 22-7-22, Kummari Street, Chinna Bazar, Nellore -524001.
• 3. Davood @ S. Dawood Basha,, S/o. Mohammed Sulaiman, Aged about 72 years, R/ o. Flat No. 15, 1st Floor, Arihant Ocean Towers, No. 77, Wallajah Road, Anna Salal, Chennai, Tamilnadu State-600002.
• 4. SK. Shahanaz @ Shahanaz M. D, Davood @ S. Dawood Basha,, Aged about 72 years, R/o. Flat No. 15, 1st Floor, Arihant Ocean Towers, No. 77, Wallajah Road, Anna Salal, Chennai, Tamilnadu State-600002.

...PETITIONER/ACCUSED(S)

AND

• 1. The state of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P.Hyderabad
• 2. Smt Afrin, W/o. SK. Hinayath @ Shaik Hinayathulla Basha, Aged about 31 years, R/o. Ramaiah Badi, Upstair of Surya Provisions, Mulapet, SPSR Nellore District

...RESPONDENT/COMPLAINANTS

Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call for the record pertaining to and in connection with crime (FIR) No. 55 of 2021 of Disha Women police station, SPSR Nellore District and quash the same and pass.

I.A. NO: 2 OF 2021

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay all further proceedings including arrest of the petitioners in Crime (FIR) No. 55 of 2021 of Disha Women Police Station, SPSR Nellore District pending disposal of the above criminal petition and pass

I.A. NO: 1 OF 2021

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with filing certified copy of FIR in Crime (FIR) No. 55 of 2021 of Disha Women Police Station, SPSR Nellore District pending disposal of the Criminal Petition before this Hon'ble Court, and pass

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SHAIK MEERAVALI ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. and of Sri_Advocate for the Respondent No.

The Court made the following:

ORDER:

The instant petition under Section 482 of Code of Criminal Procedure, 1973¹ has been filed by the Petitioners/Accused No.6 to 9, seeking to quash the proceedings against them in Crime No.55 of 2021 of Disha Women Police Station, SPSR Nellore District, which was registered for the offences punishable under Sections 406, 420, and 498-A of Indian Penal Code² , and Sections 3 and 4 of Dowry Prohibition Act,1961³ .

2. The facts which led to the filing of this petition are:

a) The marriage of Respondent No.2, who is a Dental Doctor, was performed with Accused No.1 on 25.11.2018 in Nellore Town. At the time of marriage, her parents provided Dowry, Jehaz articles and other paraphernalia, as per their caste customs. Petitioners 2 to 4/Accused Nos.7 to 9 arranged the marriage alliance. At the time of marriage, all the accused promised to allow Respondent No.2 to continue her profession as a Dentist. On the pretext of expenses for getting job as a Dentist,

¹ for short 'Cr.P.C'

² for short 'I.P.C.'

³ for short 'D.P.Act'

they obtained an amount of Rs.5,00,000/- from the parents of Respondent No.2. But, the accused failed to keep up their promise and thereby cheated her, due to which she suffered mental agony. Accused No.3 had not allowed Accused No.1 to lead marital life with Respondent No.2. Accused Nos.1 to 5 used to harass her by demanding additional dowry. Due to the harassment of Accused Nos.1 to 5, she lost her pregnancy. They did not allow Respondent to the matrimonial home, without fulfilling their demand of additional dowry.

b) Respondent lodged a report against Accused Nos.1 to 9, based on which a case in Crime No.55 of 2021 for the offence under Sections 406, 420 and 498-A IPC and Sections 3 and 4 of D.P. Act was registered by Disha Women Police, SPSR Nellore District. The said crime is sought to be quashed by Petitioners/Accused Nos.6 to 9, vide this Petition. Hence, the Crl.P.

3. Heard Sri Shaik Meeravali, learned counsel for the petitioners and Ms.D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State/Respondent No.1. None represented for Respondent No.2.

4. Learned counsel for the Petitioners/Accused Nos.6 to 9 would submit that there are no specific allegations made against the petitioners. Further, he would submit that the Respondent No.2 exaggerated the facts by adding names of the petitioners, with a mala fide intention to cause troubles to them. Further, it is contended that no specific overt acts are attributed against the petitioners to attract the alleged offences. He would ultimately submit that since there is no sufficient evidence to prove the guilt of the petitioners, the proceedings against them have to be quashed.

5. Refuting the arguments referred to above, the learned Assistant Public Prosecutor would submit that the Petitioners/Accused Nos.6 to 9 along with the other

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accused made false promises to Respondent No.2 to allow her to continue her profession as a Dentist and obtained Rs.5.00 lakhs from her parents. She would further submit that with a deceptive intention, the petitioners cheated Respondent No.2 by making false promise. She would submit that the contents in the complaint would attract the criminal accusation leveled against the petitioners, which require investigation. Therefore, she would pray to dismiss the petition

6. Having heard the submissions of the learned counsel, the point that would emerge for determination is:

Whether there are any justifiable grounds for quashment of the crime against the petitioners/Accused Nos.6 to 9 for the offences punishable under Sections 406, 420 498-A of I.P.C, Sec.3 and 4 of D.P. Act?

7. A bare perusal of Section 482 makes it clear that the Code envisages that inherent powers of the High Court are not limited or affected so as to make orders as may be necessary; (i) to give effect to any order under the Code or, (ii) to prevent abuse of the process of any Court or, otherwise (iii) to secure ends of justice. A court while sitting in Section 482 jurisdiction must exercise its powers to do real and substantial justice, depending on the facts and circumstances of the case for compelling reasons of abuse of process of law or glaring injustice, which are against sound principles of criminal jurisprudence.

8. Specific circumstances warranting invocation of powers under Section 482 have been strongly emphasized in a catena of decisions. To cite a few, State of Haryana & others v. Bhajanlal & others⁴ at paras 102 and 103, Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra & others,⁵ at para 57. The limited

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⁴ 1992 Supp. (1) SCC

⁵ (2020) 10 SCC 180

interference to be exercised by this Court depends upon identifying as to "whether the uncontroverted allegations as made prima facie establish the offence or not."

9. In the present case, the Petitioners/A.6 to A.9 are relatives of Respondent No.2. Perusal of the complaint discloses that except the allegation that Petitioners 2 to 4/Accused Nos.7 to 9 arranged the marriage alliance, no other specific overt acts are attributed against the Petitioners. It is alleged that, at the time of marriage, all the accused promised to allow Respondent No.2 to continue her profession as a Dentist, but they failed to do so. The Petitioners herein are married and they have been living separately with their respectively families. No specific instances of the commission of the alleged offences by the Petitioners have been mentioned. All the allegations are leveled against Accused Nos.1 to 5. Except the complaint, there is no iota of material placed on record to connect the Petitioners with the alleged offences. Except the omnibus allegations, there is absolutely no specific accusation against the Petitioners.

10. Time and again the Hon'ble Apex Court and this Court categorically held that a tendency has been developed for roping in all the relatives of the husband in dowry harassment made in order to browbeat and pressurize the immediate family of the husband. All the allegations that were made against the Petitioners are either vague or general in nature. Therefore, this Court is of the opinion that continuation of the impugned proceedings against the Petitioners/Accused Nos.6 to 9 is nothing but an abuse of process of the Court. In such circumstances, this Court is of the view to exercise the inherent powers under Section 482 Cr.P.C to prevent abuse of the process of the Court and to secure the ends of justice.

11. In view of the foregoing discussion and the decisions referred to supra, this Court is of the view that continuation of criminal proceedings against

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Petitioners/Accused Nos.6 to 9 is undesirable and the same are liable to be quashed.

12. In result, the Criminal Petition is allowed. The proceedings against Petitioners/Accused Nos.6 to 9 in Crime No.55 of 2021 of Disha Women Police Station, SPSR Nellore District, registered for the offences under Sections 406, 420, and 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act, are hereby quashed.

As a sequel thereto, miscellaneous petitions, if any, shall stand closed.

_____________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA

Date:12.01.2024 Dinesh

HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA

Crl.P.No.1713 of 2021

Dated:12.01.2024 Dinesh