Since petitioner is mother of the de facto complainant, Section 498-A of IPC has no application.- The petitioner is the mother of the de facto complainant and Section 498-A of IPC is applicable when there is a cruelty by the husband or relative of the husband. Since petitioner is mother of the de facto complainant, Section 498-A of IPC has no application. Similarly the question of demanding dowry under Sections 3 and 4 of the Act does not arise. But the allegation is that on 24.07.2012, the present petitioner came from Kuwait and allegedly beat the Panaboyina Penchalaiah with a stool, as a result, he sustained bleeding injury. So therefore, that allegation made out a prima-facie offence punishable under Section 324 of IPC against the petitioner.

THE HON’BLE SRI JUSTICE K.C.BHANU

CRIMINAL PETITION No.934 OF 2013

ORDER:

         

This Criminal Petition is filed under Section 482 Cr.P.C. praying to quash the proceedings in C.C.No.3 of 2013 on the file of Judicial First Class Magistrate, Nandalur, Y.S.R Kadapa District which was taken cognizance of the offences under Sections 324, 498-A, 506 read with 34 of Indian Penal Code, 1860 and 3 and 4 of Dowry Prohibition Act, 1961 (for short ‘the Act’).

2.       Heard.

3.       The allegations in the complaint would go to show that the petitioner is the mother of the respondent No.2. At the time of respondent No.2’s marriage, she was given 20 tulas of gold and cash of Rs.2,50,000/-(rupees two lakhs fifty thousand only) towards dowry by her parents; that after having lead a marital life for two years, the husband of respondent No.2 started harassing for extra money/dowry, then respondent No.2 was given a sum of Rs.1,00,000/-(rupees one lakh only) by her parents for establishing a paint shop in order to enable her husband to eke out his livelihood; that after few days, he turned the name board of the shop as it suffered losses and that again after few days, he started harassing respondent No.2 both mentally and physically and demanded for extra money/dowry and that her parents gave another sum of Rs.50,000/- for purchase of sumo to eke out livelihood and that after sometime, he lost that sumo also and that even then he did not mend his ways and on continuous harassment, her parents got conducted a panchayat(village Court) and tried to pacify him and even after then, he has not chosen to correct himself.

4.       The learned counsel for the petitioner contended that Sections 498-A of IPC and 3 and 4 of the Act have no application to the case of the present petitioner and therefore the continuation of proceedings is nothing but abuse of process of court. 

5.       The petitioner is the mother of the de facto complainant and Section 498-A of IPC is applicable when there is a cruelty by the husband or relative of the husband.  Since petitioner is mother of the de facto complainant, Section 498-A of IPC has no application. Similarly the question of demanding dowry under Sections 3 and 4 of the Act does not arise.  But the allegation is that on 24.07.2012, the present petitioner came from Kuwait and allegedly beat the Panaboyina Penchalaiah with a stool, as a result, he sustained bleeding injury.  So therefore, that allegation made out a prima-facie offence punishable under Section 324 of IPC against the petitioner.

5.       Therefore, prima facie offences punishable under Sections 498-A of IPC and 3 and 4 of the Act have no application to the petitioner. However, prima facie case is made out against the petitioner for the offence punishable under Section 324 of IPC.

6.       Therefore, the Criminal Petition is partly allowed quashing the charge sheet for the offences under Section 498-A of IPC and 3 and 4 of the Act and the Criminal Petition is dismissed in respect of the offence under Section 324 of IPC. Miscellaneous Petitions if any pending, in this Criminal Petition shall stand closed.

______________________

JUSTICE K.C.BHANU

06.02.2013

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