K.Rajender vs. The State Of Andhra Pradesj

THE HON'BLE SRI JUSTICE K.C. BHANU

CRIMINAL PETITION No.2628 of 2008

ORDER:

This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C., seeking to quash the proceedings in C.C.No.315 of 2006 on the file of the Judicial Magistrate of the First Class, Husnabad, Karimnagar District, registered for the offences punishable under Sections 498-A IPC and 4 of Dowry Prohibition Act,1961.

2. Heard.

3. Petitioner is A.5. It is the case of the prosecution that the marriage of the 2 nd respondent was taken place with A.1 on 11.5.1997; that at the time of marriage, her parents gave dowry gold, silver ornaments and house hold articles; that after the marriage, about one year, A.1 to A.5 started harassing the defacto-complainant for brining additional dowry. Hence, she lodged the present complaint.

4. The learned counsel for the petitioner contended that except vague and bald allegations, there are no specific averments to show that the petitioner involved in the alleged offences; it is also contended by the learned counsel that moment orders of the petitioner would go to show that he never come to the State of Andhra Pradesh and therefore, continuation of proceedings is nothing but abuse of process of court.

5. Inherent powers of this Court under Section 482 Cr.P.C can be invoked or exercised to prevent abuse of process of court, or to secure the ends of justice, or to carry out orders passed under the Code. If the un-controverted allegations in the complaint made out

a prima facie case for the offences alleged, the question of quashing the proceedings does not arise. Explanation-(b) to Section 498-A IPC reads as follows:

"(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand".

It is clear from the above provision that any unlawful demand is a cruelty.

6. The allegations in the complaint would clearly go to show that the petitioner along with other accused started harassing the defacto-complainant both physically and mentally for bringing the additional dowry.

7. Any unlawful demand made by the husband or the relatives of the husband is 'cruelty' within the meaning of Explanation to Section 498-A IPC.

8. At this stage, the allegations cannot be tested as true or false. The reliability of the statement cannot be adjudicated exercising the powers under Section 482 Cr.P.C as it is specifically stated that the petitioner along with the other accused went to the house of the parents of t h e defacto-complainant and demanded additional dowry. It amounts to cruelty within the meaning of Explanation-(b) to Section 498-A IPC. Hence, prima facie offence under Sections 498-A IPC is made out. Whether the petitioner was coming to the State of Andhra Pradesh or not cannot be adjudicated exercising the powers under Section 482 Cr.P.C because the petitioner pleaded alibi. There cannot be any dispute that whenever alibi is

pleaded, it has to be proved and established in the trial court. So, at this stage, on that ground, the impugned proceedings cannot be quashed.

9. The learned counsel for the petitioner also stated that presently the petitioner is out of the State of Andhra Pradesh and therefore, he is not able to attend the trial court on each and every adjournment. For the said purpose, the petitioner has to file an application seeking to dispense with his presence before the trial court, and on such filing of the application, the trial court shall consider the same in accordance with law.

10. With the above observations, the Criminal Petition is disposed of.

11. Criminal Miscellaneous Petitions, if any, pending in this criminal petition shall stand closed.

K.C. BHANU,J

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26.07.2012, GK

THE HON'BLE SRI JUSTICE K.C. BHANU

CRIMINAL PETITION No.2628 of 2008

Date: 26.07.2012

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