APHC010013292024 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: 873/2024 Between: Somashekar Babu and Others ...PETITIONER/ACCUSED(S) AND State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. CORPUS JURIS LAW PANEL LLP Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. SRIMAN The Court made the following: CRLP.No.873 OF 2024 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.873 OF 2024 ORDER : 1. The petitioners are seeking quash of CC 765 of 2022 on the file of Judicial First Class Magistrate, PatTikonda, Kurnool District. The petitioners are facing trial for alleged offences under Section 498 A read with 34 of IPC and Section 3 and 4 of Dowry Prohibition Act. 2. The 1st and 2nd petitioners are the father-in-law and the mother-in-law of the 2nd respondent. The 3rd petitioner is the husband of the 2nd respondent. As per the complaint lodged by the 2nd respondent the petitioners have harassed the 2nd respondent and demanded additional dowry. It is also stated in the complaint that the petitioners on 09.04.2022 have beaten and left the 2nd respondent at 1 AM on the outskirts of Maddikera Village and that she called her father about her situation and that he came and took her to her parental home. 3. The police have completed investigation and filed a charge sheet after recording statements of 9 witnesses. The learned counsel appearing for the petitioners submits that, the 3rd CRLP.No.873 OF 2024 petitioner filed MC.No.101 of 2022 on the file of Principal Judge Family Court at Ballari under Section 9 of the Hindu Marriage Act. It is submitted that the family court vide judgement dated 2nd November 2023 allowed the petition filed by the 3rd petitioner. 4. It is submitted by the learned counsel that the 2nd Respondent, in spite of an order from the family court did not join the company of the 3rd petitioner. It is submitted that the 2nd respondent voluntary left the House of the petitioners and has alleged harassment and filed a false complaint. 5. It is also submitted that the petitioners are harassed by the second responding by filing a false complaint and it is also submitted that the first and second petitioners are unnecessarily dragged into the marital dispute between the 3rd petitioner and the second respondent as such prays for quashing the case against the petitioners. 6. The learned counsel appearing for the 2nd respondent submits that the allegations against the petitioners are glaringly evident and that listed witnesses would amply prove the guilt of the petitioners. It is also submitted that the witnesses have specifically spoken about the role(s) of the CRLP.No.873 OF 2024 petitioners in the harassment. It is also submitted by the learned counsel appearing for the 2nd respondent that even as per the judgement passed by the Family Court at Ballari, the observation of the learned Judge with regard to the circumstances which were created by the petitioners which led to the 2nd respondent to leave her matrimonial home. All these issues would have to be considered during the course of trial and this court ought not to interfere when the allegations are specifically made out and the evidences are available on record. 7. It is further submitted that the case on hand is not fit case for interference by this Court at this stage. The learned counsel appearing for the 2nd respondent places reliance on the statements recorded by the investigating officer during the course of investigation and submits that the witnesses have specifically stated about the harassment meted by the petitioners. It is also submitted that, the Petitioners do not deserve any relief from this court. 8. It is further submitted that there are several facts which have to be ascertained by the trial court which can be tested only after a full-fledged trial and as such pray for dismissal of the CRLP.No.873 OF 2024 petition. Heard the learned Assistant Public Prosecutor appearing for the state. Perused the record. 9. The allegations of harassment by the petitioners is the basis for the police to conduct investigation the police have conducted investigation, recorded the statements of the witnesses. The witnesses statements would indicate that there are several independent witnesses who are aware of the marital disputes between the 3rd petitioner and the second respondent. The witnesses have stated before the police during the course of investigation the facts which they are aware of. 10. The statements of the listed witnesses also would indicate that the marital disputes between the petitioner no 3 and the 2nd respondent were existing and that elders made efforts to pacify the disputes and reconcile the partners for leading a marital life were also made. The observations of the Family Court Judge, Ballari while allowing the MC.No.101 of 2022 also indicate that, the petitioners created a hostile atmosphere at the marital home for the 2nd respondent which forced her to leave the marital home. CRLP.No.873 OF 2024 11. This court is of the considered view that all these issues are triable and would have to be ascertained before a trial court. This Court finds no grounds for interfere in the case and it is left open for the petitioners to take all grounds as raised in the quash petition before the trial court when the matter is taken up for trial. 12. Accordingly criminal petition is dismissed. Pending miscellaneous petitions, if any, shall stands closed. ___________________ JUSTICE HARINATH.N Dated 30.04.2025. KGM CRLP.No.873 OF 2024 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.873 OF 2024 Dated 30.04.2025 KGM