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High CourtsSingle Bench(2012) 01 AP CK 0066

Malika Begum and Others vs The State of A.P. and Another

Andhra Pradesh High Court · Decided on 31 January 2012

HON’BLE JUDGES
B. Seshasayana Reddy, J
RESULT
Dismissed
CASE NUMBER
Criminal Petition No. 1085 of 2012

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Judgment

7 paragraphs · 336 words

B. Seshasayana Reddy

1.

This Criminal Petition has been taken out u/s 482 Cr.P.C. by A2 to A5 in Crime No. 673 of 2011 of Sanathnagar Police Station, Cyberabad, to quash the proceeding therein.

2.

Smt. Nazia Feroz Khan-2nd respondent presented a report before the Inspector of Police, Sanathnagar Police Station, alleging, inter alia, that she has been marred to Mohd. Feerozkhan about 4 years ago and she is blessed with a male child. It is further averred in the report that her husband and relations of her husband, who are the petitioners herein, treated her well for about a month and thereafter, harassed her to bring additional dowry of Rs.2.00 Lakhs. On 10.01.2010 A1 Mohd. Feerozkhan went to Soudi and thereafter, the petitioners aggravated their harassment on her and therefore, she came out from the matrimonial home. Basing on the said report, a case in Crime No. 673 of 2011 came to be registered for the offences u/s 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act. Hence, this Criminal Petition u/s 482 Cr.P.C. by the petitioners/A2 to A5 with the prayer stated supra.

3.

Heard learned counsel appearing for the petitioners and perused the material brought on record.

4.

Learned counsel appearing for the petitioners submits that the petitioners are in no way concerned with the marital life of the 2nd respondent/de facto complainant with the her husband, who has been arrayed as A1, and therefore, continuation of proceedings against the petitioners herein in Crime No. 673 of 2011 of Sanathnagar P.S. amounts to abuse of process of law.

5.

I have gone through the report presented by the 2nd respondent/de facto complainant before the Station House Officer, Sanathnagar Police Station. Specific accusations have been made against the petitioners herein that they harassed her on the ground of additional dowry. Therefore, the proceedings in Crime No. 673 of 2011 of Sanathnagar Police Station cannot be interdicted by invoking the provisions of Section 482 Cr.P.C.

6.

Accordingly, the Criminal Petition is dismissed.