HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2345 OF 2012 Dated 12-9-2014 Between:
Bojja Madhu and others.
..Petitioners.
And:
Bojja Sujatha and another.
..Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2345 OF 2012 ORDER:
This Criminal Petition is filed to quash F.I.R. in Crime No.83 of 2011 of Kammarpalli Police Station of Nizamabad District, for alleged offences under Sections 498-A I.P.C. and 3 and 4 of Dowry Prohibition Act.
Heard both sides.
Advocate for petitioners submitted that first respondent- de facto complainant prior to this complaint filed a complaint dated 5-3-2008 against petitioners 2 and 3 herein and a crime is registered on the basis of said complaint in Crime No.20 of 2008 of same police station for alleged offences under Sections 498-A and 323 I.P.C. and police filed charge sheet which is registered as C.C.No.982 of 2008 and that case ended in acquittal for the offence under Section 498-A I.P.C but only convicted for the offence under Section 323 I.P.C. as per the judgment dated 27-12-2013.
It is further submitted that the very same allegations in respect of Sections 498-A I.P.C. are made in the present complaint and she did not refer anything with regard to earlier case though by the date of this complaint, criminal case No.982 of 2009 was pending before the Additional Judicial Magistrate of Armoor.
It is also submitted that de facto complainant is examined as P.W.1 in the above referred C.C.No.982 of 2009 and she did not refer anything about this complaint in her chief examination but in the cross, she admitted about giving a police complaint on 5-12-2011 against petitioner for dowry harassment.
Learned Public prosecutor submitted that the matter is under investigation and it is at the stage of F.I.R.
I have perused the complaint which is basis for registering F.I.R.
As per complaint allegations, two months prior to 5-12-2011, due to attack on her by her father-in-law, husband, mother-in-law and sister-in-law, she left the marital home and went to her native place, Kammarpally and while she was there, on 4-12-2011, her husband came to her parents house and demanded her to give Rs.1,00,000/- and threatened that he would have a second marriage.
But as seen from the evidence of the very same witnesses deposed in C.C.No.982 of 2008, she left the marital home and residing with her parents even by the date of report in the earlier case i.e., 5-3-2008. So also, in the earlier complaint, according to second respondent, she left the marital home in the year, 2008 itself and living at her parent’s house but in the present complaint, she gave contra version. When a criminal court after trial and after consideration of evidence of complainant, has not accepted the allegation of dowry harassment and reiterating the self same allegations and giving a fresh complaint as rightly pointed out by counsel for the petitioners would amount to abuse of process of court.
For these reasons, I am of the view that this is a fit case to exercise the powers under Section 482 Cr.P.C. and continuation of F.I.R. in Crime No.83 of 2011 of Kammarpally Police Station, Nizamabad District, would amount to abuse of process of court.
Accordingly, this Criminal Petition is allowed and proceedings in the F.I.R. in Crime No.83 of 2011 of Kammarpally Police Station, Nizamabad District are hereby quashed.
As a sequel to the disposal of this Criminal petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 12-9-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.2345 OF 2012 Dated 12-9-2014