IN THE HIGH COURT OF ANDHRA PRADESH
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 1861/2021
1.SMT. KOTA YASWANTHI RESHMA,
2.SRI. KOTA ESWAR CHANDRA VIDHYA SAGAR @ VIDHYA
SAGAR, …PETITIONER/ACCUSED(S)
AND
1.THE STATE OF ANDHRA PRADESH REP. BY PUBLIC
PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT
AMARAVATI …RESPONDENT/COMPLAINANT{S):
Para No.13. In the case on hand, a fair look at the contents of the information
submitted to the Police by Respondent No.2 would show that the marriage of Respondent No.2 with Accused No.1 was performed on 29.11.2015, whereas, the marriage of the Petitioners/Accused Nos.4 and 5 had taken place on 04.03.2012 and since then, the Petitioners have been residing separately at Nellore and they have not resided with the family of Respondent No.2. Omnibus allegations were made against the Petitioners to the effect that they used to harass Respondent No.2 by commenting that she could bring less dowry and also by demanding additional dowry. The charge sheet would also reveal a casual reference of the names of the Petitioners along with the other Accused and no specific overt acts were attributed against the Petitioners.
15. In view of the foregoing discussion and the decisions referred to supra, this Court is of the view that continuation of criminal proceedings against Petitioners/Accused Nos.4 and 5 is undesirable and the same are liable to be quashed.
16. In result, the Criminal Petition is allowed. The proceedings against Petitioners/Accused Nos.4 and 5 in C.C.No.789 of 2020 on the file of the Court of II Additional Judicial Magistrate of First Class, Kadapa registered for the offences punishable under Section 498-A of IPC and Sections 3 and 4 of the D.P.Act are hereby quashed.Pending miscellaneous petitions, if any, shall stand closed.
