APHC010065322023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE THIRTIETH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NOS.1067 and 1073 OF 2023 Crl.P.No.1067 of 2023 Between: Dayyala Padma ...PETITIONER/A7 AND The State of Andhra Pradesh and another ...RESPONDENTS/COMPLAINANT(S) Counsel for the Petitioner/A7: 1. MD SALEEM Counsel for the Respondents/Complainant(S): 1. PUBLIC PROSECUTOR Crl.P.No.1073 of 2023 Between: Syed Altaf Hussain and another ...PETITIONERS/A4 and A5 AND The State of Andhra Pradesh and another ...RESPONDENTS/COMPLAINANT(S) Counsel for the Petitioners/A4 and A5: 1. MD SALEEM Counsel for the Respondents/Complainant(S): 1. PUBLIC PROSECUTOR SRK, J Crl.P.Nos.1067 and 1073 of 2023 2 The Court made the following COMMON ORDER: Since the issue involved in both the Criminal Petitions is common and arise out of same CC No.276 of 2021, they are being disposed of by this common order. 2. Criminal Petition No.1067 of 2023 has been filed on behalf of the petitioner/A7 and Criminal Petition No.1073 of 2023 has been filed on behalf of the petitioners/A4 and A5 respectively to quash the proceedings in CC No.276 of 2021 on the file of the learned I Additional Judicial Magistrate of First Class, Kadapa, Kadapa district. 3. A charge sheet has been filed against the petitioners herein/A4, A5 and A7 and others for the offences punishable under Section 498A read with 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. It is alleged that the marriage between 2nd respondent herein/de facto complainant and A1 was performed on 27.12.2019 and at the time of marriage the parents of the de facto complainant gave cash of Rs.5,00,000/-, 40 Tulas of Gold and home needs worth of Rs.3,00,000/- towards dowry. It is alleged that A1 showed fake papers that he got Talak and married the de facto complainant. Subsequent to marriage, the accused are alleged to have harassed the de facto complainant both mentally and physically by demanding additional dowry of Rs.5,00,000/-. Based on the complaint of the de facto complainant, a case in Crime No.363 of 2020 of kadapa II Town Police Station was registered for the offences punishable under Section 498-A read with 34 IPC and Sections SRK, J Crl.P.Nos.1067 and 1073 of 2023 3 3 and 4 of the Dowry Prohibition Act. After investigation, the police filed charge sheet and the same was taken on file as CC No.276 of 2021 on the file of the learned I Additional Judicial Magistrate of First Class, Kadapa, Kadapa district. 4. Though a notice was served on 2nd respondent, none appeared on her behalf. 5. Learned counsel for the petitioners/A4, A5 and A7 submits that the petitioners/A4, A5 and A7 are no way connected with the family affairs between the de facto complainant and A1. He submits that the de facto complainant foisted the above case against the petitioners herein with a view to harass them. He further submits that except making omnibus allegations, no specific accusations have been made against the petitioners/A4, A5 and A7 and all the allegations are directed as against A1, A3 and A6 and subsequent to filing of FIR, A3 died. He further submitted that except making a vague and bald allegation that A1 has got illicit intimacy with A7, there is no material to show that A1 has got illegal affair with A7. 6. On the other hand, learned Assistant Public Prosecutor too concurred with the submission made by the learned counsel for the petitioners/A4, A5 and A7 with regard to the allegation of A1 having illegal intimacy with A7 and submitted that except a vague and bald allegation in the statement of the de facto complainant, there is no material to that effect. SRK, J Crl.P.Nos.1067 and 1073 of 2023 4 7. Heard learned counsel for the petitioners/A4, A5 and A7 and learned Assistant Public Prosecutor. Perused the record. 8. There cannot be any dispute that inherent powers of this Court under Section 482 Cr.P.C. can be exercised to prevent abuse of process of Court or to give effect to any order under the code or to secure the ends of justice. This Court is also conscious of the fact that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases and that the Court would not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the report. On this aspect, it is pertinent to refer to the judgment of the Hon‟ble Apex court in State of Haryana Vs. Ch.Bhajanlal and ors.1, wherein the Apex Court held, “In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelized and inflexible guidelines or rigid formulae and to give an exhaustive list of 1 AIR 1992 SC 604 SRK, J Crl.P.Nos.1067 and 1073 of 2023 5 myriad kinds of cases wherein such power should be exercised. (1) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156 (1) of the Code except under an order of a Magistrate within the purview of Section 155 (2) of the Code; (3) where the uncontroverted allegations made in the FIR or 'complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused; (4) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155 (2) of the Code; (5) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused; (6) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution SRK, J Crl.P.Nos.1067 and 1073 of 2023 6 and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; (7) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.” 9. A perusal of the material on record goes to show that 2nd respondent herein/de facto complainant filed MC No.1 of 2021 on the file of the learned Judge, Family Court-cum-VI Additional District Judge, Kadapa, against A1. In the said case, both A1 and the de facto complainant filed a joint settlement of terms stating that the de facto complainant accepted the Talaq dated 23.10.2020 pronounced by A1 and communicated to her and accordingly their marriage was dissolved, as per the Mohammedan Law. A1 paid an amount of Rs.6,00,000/- through Demand Draft bearing No.506959, dated 25.09.2023 drawn on ICICI Bank and cash of Rs.1,00,000/- to the de facto complainant towards full and final settlement. It further shows that 2nd respondent herein/de facto complainant voluntarily agreed to compound CC No.276 of 2021 on the file of the learned I Additional Judicial Magistrate of First class, Kadapa, with the said terms by compounding the offence either before the said Court/Lok Adalat, kadapa or in the said respective Court/s including the High Court of AP. Pursuant to the said SRK, J Crl.P.Nos.1067 and 1073 of 2023 7 compromise, having received the notice in the present case, 2nd respondent/de facto complainant did not turn up to the Court. 10. Apart from the same, a plain reading of the contents of the charge sheet coupled with the Section 161 Cr.P.C., statements of the witnesses, goes to show that all the allegations are attributed against A1, A3 and A6 only and absolutely no accusations have been made as against the petitioners herein/A4, A5 and A7. 11. Learned counsel for petitioners relied on a decision in Preeti Gupta and another v. State of Jharkhand & another2, wherein it was held thus: (paragraphs 30 to 34). “30. It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country including this Court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society. 31. The courts are receiving a large number of cases emanating from Section 498-A of the Penal Code which reads as under: “498-A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purposes of this section, „cruelty‟ means— (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or 2 (2010) 7 SCC 667 SRK, J Crl.P.Nos.1067 and 1073 of 2023 8 (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.” 32. It is a matter of common experience that most of these complaints under Section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern. 33. The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fibre of family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints. Majority of the complaints are filed either on their advice or with their concurrence. The learned members of the Bar who belong to a noble profession must maintain its noble traditions and should treat every complaint under Section 498-A as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution of that human problem. They must discharge their duties to the best of their abilities to ensure that social fibre, peace and tranquillity of the society remains intact. The members of the Bar should also ensure that one complaint should not lead to multiple cases. 34. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualised by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations.” 12. He also relied on a decision of the Hon‟ble Apex Court in Mirza Iqbal @ Golu and another v. State of Uttar Pradesh and another,3 wherein it was held thus: (paragraphs 11 and 12). 32021 SCC OnLine SC 1251 SRK, J Crl.P.Nos.1067 and 1073 of 2023 9 “11. The appellants are brother-in-law and mother-inlaw respectively of the deceased. A perusal of the complaint filed by the 2nd respondent, pursuant to which a crime was registered, does not indicate any specific allegations by disclosing the involvement of the appellants. It is the specific case of the 1st appellant that he was working as a cashier in ICICI Bank at Khalilabad branch, which is at about 40 kms from Gorakhpur. The alleged incident was on 24.07.2018 at about 8 p.m. When the investigation was pending, the 1st appellant has filed affidavit before Senior Superintendent of Police on 08.08.2018, giving his employment details and stated that he was falsely implicated. It was his specific case that during the relevant time, he was working at ICICI Bank, Khalilabad branch, Gorakhpur and his mother was also staying with him. The Branch Manager has endorsed his presence in the branch, showing in-time at 09 : 49 a.m. and out-time at 06 : 25 p.m. Even in the statement of 2nd respondent recorded by the police and also in the final report filed under Section 173(2) of Cr.P.C., except omnibus and vague allegations, there is no specific allegation against the appellants to show their involvement for the offences alleged. This Court, time and again, has noticed making the family members of husband as accused by making casual reference to them in matrimonial disputes. Learned senior counsel for the appellants, in support of her case, placed reliance on the judgment of this Court in the case of Geeta Mehrotra v. State of Uttar Pradesh1. In the aforesaid case, this Court in identical circumstances, has quashed the proceedings by observing that family members of husband were shown as accused by making casual reference to them. In the very same judgment, it is held that a large number of family members are shown in the FIR by casually mentioning their names and the contents do not disclose their active involvement, as such, taking cognizance of the matter against them was not justified. It is further held that taking cognizance in such type of cases results in abuse of judicial process. Paras 18 and 25 of the said judgment, which are relevant for the purpose of this case, read as under: “18. Their Lordships of the Supreme Court in Ramesh case [(2005) 3 SCC 507 : 2005 SCC (Cri) 735] had been pleased to hold that the bald allegations made against the sister-in-law by the SRK, J Crl.P.Nos.1067 and 1073 of 2023 10 complainant appeared to suggest the anxiety of the informant to rope in as many of the husband's relatives as possible. It was held that neither the FIR nor the charge-sheet furnished the legal basis for the Magistrate to take cognizance of the offences alleged against the appellants. The learned Judges were pleased to hold that looking to the allegations in the FIR and the contents of the charge-sheet, none of the alleged offences under Sections 498-A, 406 IPC and Section 4 of the Dowry Prohibition Act were made against the married sister of the complainant's husband who was undisputedly not living with the family of the complainant's husband. Their Lordships of the Supreme Court were pleased to hold that the High Court ought not to have relegated the sister-in-law to the ordeal of trial. Accordingly, the proceedings against the appellants were quashed and the appeal was allowed. 25. However, we deem it appropriate to add by way of caution that we may not be misunderstood so as to infer that even if there are allegations of overt act indicating the complicity of the members of the family named in the FIR in a given case, cognizance would be unjustified but what we wish to emphasise by highlighting is that, if the FIR as it stands does not disclose specific allegation against the accused more so against the co-accused specially in a matter arising out of matrimonial bickering, it would be clear abuse of the legal and judicial process to mechanically send the named accused in the FIR to undergo the trial unless of course the FIR discloses specific allegations which would persuade the court to take cognizance of the offence alleged against the relatives of the main accused who are prima facie not found to have indulged in physical and mental torture of the complainant wife. It is the well-settled principle laid down in cases too numerous to mention, that if the FIR did not disclose the commission of an offence, the court would be justified in quashing the proceedings SRK, J Crl.P.Nos.1067 and 1073 of 2023 11 preventing the abuse of process of law. Simultaneously, the courts are expected to adopt a cautious approach in matters of quashing, especially in cases of matrimonial disputes whether the FIR in fact discloses commission of an offence by the relatives of the principal accused or the FIR prima facie discloses a case of overimplication by involving the entire family of the accused at the instance of the complainant, who is out to settle her scores arising out of the teething problem or skirmish of domestic bickering while settling down in her new matrimonial surrounding.” 12. From a perusal of the complaint filed by the 2nd respondent and the final report filed by the police under Section 173(2) of Cr.P.C., We are of the view that the aforesaid judgment fully supports the case of the appellants. Even in the counter affidavits filed on behalf of respondent nos. 1 and 2, it is not disputed that the 1st appellant was working in ICICI Bank at Khalilabad branch, but merely stated that there was a possibility to reach Gorakhpur by 8 p.m. Though there is an allegation of causing injuries, there are no other external injuries noticed in the postmortem certificate, except the single ante- mortem injury i.e. ligature mark around the neck, and the cause of death is shown as asphyxia. Having regard to the case of the appellants and the material placed on record, we are of the considered view that except vague and bald allegations against the appellants, there are no specific allegations disclosing the involvement of the appellants to prosecute them for the offences alleged. In view of the judgment of this Court in the case of Geeta Mehrotra1, which squarely applies to the case of the appellants, we are of the view that it is a fit case to quash the proceedings.” 13. He also placed reliance on a decision in Kahkashan Kausar @ Sonam Vs State Of Bihar4, wherein it was held as follows : 4 2022 LiveLaw (SC) 141 SRK, J Crl.P.Nos.1067 and 1073 of 2023 12 “18. The above-mentioned decisions clearly demonstrate that this court has at numerous instances expressed concern over the misuse of Section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in- laws of the husband when no prima facie case is made out against them. 22. Therefore, upon consideration of the relevant circumstances and in the absence of any specific role attributed to the accused appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant‟s husband are forced to undergo trial. It has been highlighted by this court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged.” 14. The main contention of the learned counsel for the petitioners/A4, A5 and A7 is that except making vague and bald allegations against the petitioners/A4, A5 and A7 that they, along with other accused, harassed the de facto complainant both physically and mentally, no specific accusations have been made against them. 15. Time and again, the Hon‟ble Apex Court and this court categorically held that a tendency has been developed for roping in all the relatives of the husband in dowry harassment made in SRK, J Crl.P.Nos.1067 and 1073 of 2023 13 order to browbeat and pressurize the immediate family of the husband and the accusations against the relatives of the husband, if omnibus in nature, have to be curtailed at the threshold. 16. In the case on hand, all the accusations that are made against the petitioners/A4, A5 and A7 are either vague or general in nature. No specific instances have been mentioned in the report. The allegations, if any, in the charge sheet would not come within the definition of „cruelty‟ as defined under Section 498A IPC. Even accepting the entire accusations to be true, no prima facie case for the offence under Section 498-A IPC would be attracted against the petitioners/A4, A5 and A7 for the reason that no specific accusations have been made against them that they harassed the de facto complainant. Further, there is no material to show that A1 has got illicit intimacy with A7. In the facts and circumstances of the case, this Court is of the opinion that continuation of the impugned proceedings against the petitioners/A4, A5 and A7 would amount to abuse of process of Court. Since this Court has come to the conclusion that no specific accusation has been made as against the petitioners/A4, A5 and A7 attracting the offences alleged, continuation of the impugned proceedings against the petitioners is nothing but abuse of process of Court, and on that ground alone, this Court is inclined to quash the impugned proceedings. 17. For the foregoing reasons, both the Criminal Petition Nos.1067 and 1073 of 2023 are allowed and the proceedings in SRK, J Crl.P.Nos.1067 and 1073 of 2023 14 C.C. No.276 of 2021 on the file of the learned I Additional Judicial Magistrate of First Class, Kadapa, Kadapa district, are hereby quashed as against the petitioners herein/A4, A5 and A7. As a sequel thereto, the miscellaneous applications, if any, pending in these Criminal Petitions shall stand closed. _______________________ K. SREENIVASA REDDY, J Date:30.03.2026 Nsr SRK, J Crl.P.Nos.1067 and 1073 of 2023 15 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition Nos.1067 and 1073 of 2023 Date:30.03.2026 Nsr