HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2358 OF 2012 Dated 21-4-2014 Between:
M.Venkateshwarlu and another.
And:
..Petitioners.
State of Andhra Pradesh, represented by its Public Prosecutor, High Court of A.P., Hyderabad.
… Respondent.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.2358 OF 2012 ORDER:
This petition is filed to quash charge sheet filed in Sessions Case No.495 of 2011 on the file of V Chief Metropolitan Sessions Judge, Hyderabad wherein the petitioners herein are A.1 an A.3.
2. Heard both sides.
3. Learned advocate for petitioners submitted that there is absolute no material for the offence under Section 304-B I.P.C. and according to medical certificate, the deceased died due to liver disease and it is a natural death and therefore, ingredients of Section 304-B are not attracted.
4. He further submitted that there is no material for demand of dowry and the ingredients of Section 498-A I.P.C. are also not attracted. He further submitted that according to the decision of Supreme Court decided in STATE OF HARYANA AND OTHERS v. BHAJANLAL
[1]
AND OTHERS ( ), when the allegations in the First
Information report or complaint are taken on their face value and accepted in their entirety, when they do not constitute prima facie offence accused is entitled for quash of the charge sheet. He further submitted that in this case, allegations in the F.I.R. and Charge sheet do not disclose any offence and both the petitioners are falsely implicated and therefore, the charge sheet is liable to be quashed.
5. On the other hand, learned Public Prosecutor submitted that police after due investigation found that, petitioners have harassed deceased to get the share from her parents property and there was a panchayat where they have demanded Rs.1,00,000/-. He further submitted that A.1 was suffering from H.I.V. and suppressing the same, he married the deceased and through him, she got H.I.V. and she died as H.I.V. patient and therefore, death cannot be under normal circumstances and since death happened within seven years of marriage, the ingredients of Sections 304-B and 498-A I.P.C. are attracted. He further submitted that without examining the witnesses who conducted panchayat and the other witnesses, it cannot be decided at this stage as to the correctness of the allegations. He further submitted that there is prima facie material and therefore, this petition is liable to be dismissed.
6. Now the point that would arise for my consideration in this petition is whether Charge Sheet can be quashed or not?
7. POINT:
Advocate for petitioners mainly relied on the F.S.L.Report in which it is recorded that death may be due to liver disease (natural death). But as per the allegations in the Charge Sheet, A.1 i.e., husband of the deceased was suffering from H.I.V. and suppressing the same, marriage was performed and that deceased got disease through her husband and she died of H.I.V. Further, in the charge sheet, according to investigation of police, there was harassment to the deceased to bring property from her parents and in that connection, there was a panchayat, in which the petitioners have demanded Rs.1,00,000/- and finally, father of the deceased agreed to pay the said amount but requested them for sometime.
8. As seen from the charge sheet, the Assistant Commissioner of Police, Malakpet Division after examining 12 witnesses, came to the conclusion that there is prima facie material against the petitioners for the offences under Sections 498-A and 304-B I.P.C. As rightly pointed out by learned Public Prosecutor, at this stage, correctness of these allegations cannot be decided. According to the decision referred supra relied on by the petitioners, where the allegations on their face value, even if they are accepted, does not constitute any offence, then only the court can exercise powers under Section 482 Cr.P.C. to quash the proceedings. But here, material on record prima facie disclose some offence and the concerned court has to frame necessary charges basing on the material. Therefore, decision relied on by the counsel for petitioners has no application to the case on hand in view of the specific material against the petitioners.
9. For these reasons, I am of the view that there are no grounds to quash the Charge sheet filed in S.C.No.495 of 2011 and this Criminal Petition is liable to be dismissed.
10. Accordingly, this Criminal Petition is dismissed.
11. As a sequel to the disposal of this petition, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 21-4-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs 66 CRIMINAL PETITION No.2358 OF 2012 Dated 21-4-2014
[1] 1992 Supp (1) SCC 335