APHC010211212022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 3196/2022 Between: Rammohan Rao Vijinigari, and Others ...PETITIONER/ACCUSED(S) AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. C PRAKASH REDDY Counsel for the Respondent/complainant(S): 1. CKR ASSOCIATES 2. PUBLIC PROSECUTOR (AP) The Court made the following: CRLPNo.3196 OF 2022 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.3196 OF 2022 ORDER : 1. The criminal petition is filed seeking to quash the CC.No.832 of 2020 on the file of XVI Metropolitan Magistrate Bhimli Visakhapatnam. The petitioners are accused 1 to 3 in the said case and are facing trial for offences under Section 498A of IPC. The 1st petitioner was married to the 2nd respondent and that on account of certain marital disputes, the 2nd respondent has filed a complaint against the petitioners alleging offences under Section 498A of IPC. 2. The Learned Counsel appearing for the petitioners, submits that the 1st petitioner and the 2nd respondent were in love with each other and with the blessings of their parents the marriage was performed at Hyderabad on 13.08.2014. 3. It is submitted by the Learned Counsel for the Petitioners that, after the birth of a baby boy, the 1st petitioner and the 2nd respondent were living separately. It is also submitted that certain marital disputes arose between the 1st petitioner and the 2nd respondent. As such, the 2nd CRLPNo.3196 OF 2022 respondent has filed a complaint alleging harassment on 12.03.2020 before PM Palem Police Station. 4. The police after registration of Crime 94 of 2020 had conducted investigation and filed the charge sheet. The same is taken on file by the learned Magistrate as CC 832 of 2020 for the alleged offence U/s 498 A IPC. 5. It is submitted by the Learned Counsel appearing for the petitioners, that the 2nd petitioner is physically handicapped with 85% of disability and that he constantly requires an attendant for taking care of him and his daily needs. The third petitioner is suffering with orthopedic related issues and she has to constantly support the 2nd petitioner managing her own health related daily difficulties. It is submitted that the 2nd respondent always wanted to set up a separate family away from petitioners 2 and 3. The 1st petitioner was not acceptable for such a proposal as he did not want to leave his aged parents and his father who is physically disabled at their ripe age and as such insisted on living together. The denial of setting up a separate family has triggered the 2nd respondent to file a false complaint. CRLPNo.3196 OF 2022 6. It is submitted that the 2nd respondent was not acceptable for living together with the 1st petitioner and petitioners 2 and 3 in the same house. As such, the 1st petitioner had no other option than to file F.C.O.P. 602 of 2019 seeking dissolution of the marriage between the 1st petitioner and 2nd respondent. The 2nd respondent is said to have created a galata after coming to know of the petition filed by the 1st petitioner seeking divorce from the 2nd respondent. 7. The 1st petitioner also filed F.C.O.P. 1143 of 2019 seeking injunction restraining the 2nd respondent from entering into the household premises of the petitioner No. 1. The 2nd petitioner filed F.C.O.P. 393 of 2021 before the Family Court Vishakhapatnam seeking restitution of conjugal rights. The F.C.O.P. 602 of 2019 and F.C.O.P. 1143 of 2019 are pending consideration before the family court's. 8. It is further submitted by the learned Counsel appealing for the petitioner that even as per the statements recorded by the police during the course of investigation, there are absolutely no allegations. And insofar as petitioners 2 and 3 are concerned, there are absolutely no allegations. The listed witnesses 2 and 3 also do not specifically state the CRLPNo.3196 OF 2022 involvement of petitioners 2 and 3 in the marital disputes between the 1st petitioner and the 2nd respondent. 9. It is further submitted by the Learned Counsel for the Petitioner that there are absolutely no allegations in so far as the petitioners are concerned which would attract the penal provisions of Section 498A of IPC. It is submitted that on account of the false complaint pending against the petitioners. The petitioners are unable to lead a peaceful life. It is also submitted that continuation of proceedings against the petitioners is illegal as the offences alleged against the petitioners cannot be made out even as per the complaint or as per the statements recorded by the police during the course of the investigation. 10. On these grounds, the Learned Counsel appearing for the petitioner seeks to quash CC 832 of 2020 on the file of XVI Metropolitan Magistrate Bheemli Vishakhapatnam. 11. The Learned Counsel appearing for the 2nd respondent submits that there are specific allegations against the petitioners and that the trial court can go into the allegations against the petitioners during the trial. It is submitted that it would be impossible for ascertaining the CRLPNo.3196 OF 2022 facts in a quash petition, more so when the allegations are specific. It is submitted that on account of the harassment of the petitioners, the 2nd respondent had attempted end her life by consuming Harpic (A bathroom cleaning disinfectant). It was only because of the timely medical assistance provided by the sister of the 2nd respondent she could be saved, as she was taken to the hospital for treatment well within time. 12. It is also submitted by the Learned Counsel for the 2nd respondent that the listed witnesses 8 and 9 are the neighbours of the accused and their interest may be to protect the accused 2 and 3. As such, their statements cannot become the sole basis for quashing the complaint against the petitioners. It is also submitted that the de facto complainant is the sole authority to give evidence on the harassment committed by the accused. As such, her statement must be considered for all purposes before considering this petition seeking to quash the complaint. 13. The Learned Assistant Public Prosecutor appearing for the state submits that the police have completed investigation and filed a charge sheet after a thorough investigation. It is CRLPNo.3196 OF 2022 also submitted by the Learned Assistant Public Prosecutor that in matters relating to alleged offences under Section 498A and illegal demand for dowry. It is the statement of the victim who is generally the complainant must be considered for all purposes before the petition seeking quashing is considered by this court. It is also submitted that the allegations made by the 2nd respondent in the complaint as well as the statement before the police would undoubtedly point the fingers of suspicion at the 1st accused and that the matter would require trial. As such, prays for dismissing the quash petition. 14. Heard the Learned Counsel appearing for the petitioner, the 2nd respondent and the Assistant Public Prosecutor, perused the record. The complaint would disclose that the petitioner and the 2nd respondent were in love and have married with the blessings of the elders from both sides. The complaint filed by the 2nd respondent would not disclose any specific overt acts against the petitioners 2 and 3. Admittedly, the 1st petitioner and the 2nd respondent were in love with each other and thereafter married. CRLPNo.3196 OF 2022 15. As seen from the statements recorded by the police during the investigation, the allegation that the 2nd respondent was fed up with the harassment and as such consumed Harpic with an intention of ending her life. It was only on the intervention of the sister of the 2nd respondent that the 2nd respondent could survive as she was taken to the hospital on time and the doctors treated the 2nd respondent and saved her life. 16. As seen from the record, the entire allegations revolve around the 1st accused and the allegations are vague allegations against petitioners 2 and 3. These vague and omnibus allegations cannot constitute an offence punishable under Section 498A. 17. As seen from the record, the petitioners 2 and 3 cannot be held responsible for the marital disputes between the 1st petitioner and the 2nd respondent. It is also pertinent to mention that the 2nd petitioner is disabled with 85% of disability. As such, the possibility of a person with 85% disability to indulge in the alleged acts of pushing the 2nd respondent are very remote. CRLPNo.3196 OF 2022 18. That apart, none of the witnesses other than the LW1 speak about the alleged incident. Considering the circumstances and considering the fact that there no specific allegation against petitioners 2 and 3. This court is of the considered view that continuation of CC.No.832 of 2020 against the petitioners 2 and 3 is definitely gross abuse of the process of law and accordingly criminal petition is allowed in part. CC.No.832 of 2020 on the file of XVI Metropolitan Magistrate, Bhimili, Vishakapatnam is hereby quashed against petitioners 2 and 3. 19. Accordingly Criminal Petition is allowed in part. Pending miscellaneous petitions, if any, shall stands closed. ____________________ JUSTICE HARINATH.N Dated 30.04.2025 KGM CRLPNo.3196 OF 2022 THE HON’BLE SRI JUSTICE HARINATH. N CRIMINAL PETITION No.3196 of 2022 Dated 30.04.2025 KGM 20.