{"id":3696,"date":"2016-06-13T21:11:28","date_gmt":"2016-06-13T15:41:28","guid":{"rendered":"http:\/\/mynation.net\/docs\/?p=3696"},"modified":"2016-06-13T21:11:28","modified_gmt":"2016-06-13T15:41:28","slug":"6390-2013","status":"publish","type":"post","link":"https:\/\/mynation.net\/docs\/6390-2013\/","title":{"rendered":"Sec.498-A, 406 IPC and Sec.4 & 6 of Dowry Prohibition Act, DV Quashed"},"content":{"rendered":"

Andhra High Court<\/strong><\/p>\n

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO<\/p>\n

CRIMINAL PETITION No.6390 of 2013<\/p>\n

ORDER :<\/p>\n

This Criminal Petition is filed by the petitioners accused Nos.1, 4 and 5, under Section 482 Cr.P.C to quash the proceedings in C.C. No.190 of 2013 on the file of XIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad where the learned Magistrate has taken cognizance for the offences punishable under Sections 498-A, 406 IPC and Sections 4 & 6 of Dowry Prohibition Act, 1961 in Crime No.274 of 2012 of WPS, CCS, Hyderabad, which is outcome of report of 2nd respondent\u2014de facto complainant, was registered on 06.06.2012 against 5 accused of whom, accused No.2, who is no other than brother of accused No.1 and accused No.3, no other than wife of brother of accused No.1, both are residents of USA even shown in the Crime, were deleted from the array of the accused in the police final report.<\/p>\n

2) Heard learned counsel for the petitioners accused Nos.1, 4 & 5 as well as 1st respondent\u2014State represented by learned Public Prosecutor and also the learned counsel for 2nd respondent\u2014de facto complainant. Perused the material on record.<\/p>\n

3) The charge sheet is filed only against the accused Nos.1, 4 and 5 (who are the petitioners herein) that was taken cognizance by the learned Magistrate for the offences punishable under Section 498-A, 406 IPC and Sections 4 & 6 of D.P Act. As per the charge sheet nine witnesses were examined during investigation including the defacto complainant\u2014LW.1, who is the father-in-law of 1st accused and father of the alleged victim\u2014LW.2, LW.3\u2014mother of victim and wife of defacto complainant and the other five witnesses are Kakarla Balaji, K.Sathyanarayana, I.Subba Raidu, Dr.K.Shiva Rama Krishna and M.V.Ramana Reddy, all are residents of Hyderabad.<\/p>\n

4) The sum and substance of the accusation in the report of the defacto complainant and from police final report against the accused persons was that:<\/p>\n

(a) the defacto complainant (LW1) got two daughters Swetha
\n(LW.2) and Keerthi, of whom eldest daughter Swetha\u2019s
\nmarriage was performed with accused No.1\u2014Kakarla
\nHareesh on 23.05.2003 at Noma function hall, Nacharam,
\nHyderabad and immediately, after marriage she joined her
\nmatrimonial home and started living at her in laws; that
\nshe did engineering ECE; accused No.1 is also an
\nengineer working in USA. Though prior to the marriage,
\naccused Nos.4 and 5 (who are parents of accused No.1)
\nstated that they are not interested in any dowry but after
\nfixing of the marriage, accused Nos.1 to 5 demanded to
\npay dowry of Rs.25,00,000\/- in cash, 1kg gold ornaments,
\n2 kgs silver articles and another Rs.2,00,000\/- cash
\ntowards clothes of the relatives of accused No.1; 5 tulas
\ngold jewellery + clothes + Rs.20,000\/- cash to Suresh
\nKakarla and his wife Mrs.Lavanya Nadella as minimum
\ncustomary dowry items and defacto complainant with
\ngreat difficulty accepted for the same and performed the
\nmarriage and even after LW.2\u2014Swetha joined the marital
\nhouse, she was subjected to humiliation by belittling for
\nnot paying dowry to their expectations.<\/p>\n

(b) After marriage, on 23.05.2003, the accused
\nNo.1 left USA on 14.06.2003 and thereafter he tried to
\nchoose to apply VISA through drop box instead of
\npersonal appearance before consulate and the accused
\nNos.1 to 4 were stating that their demands are not yet
\nfulfilled and there was no urgency for the same. The
\nU.S.A Visa was granted on 19.06.2003 to her and after
\nfulfilling the demands made by accused Nos.1 to 5, she
\nwas sent to USA on 05.09.2003 to join the accused No.1
\n\u2014husband in Phoenix, Arizona State; that at the time of
\nsending her to USA, parents of accused No.1 (accused
\nNos.4 & 5) retained the entire dowry amounts and
\nvaluables apart from additional jewellery of her about 30
\ntulas gold, with them stating that they will send all the
\njewellery to U.S in the future and for safe custody. In
\nUSA, Accused No.1 and LW.2\u2014Swetha were staying in a
\nrented double bed room apartment and within two days of
\ntheir living together therein, accused Nos.2 and 3 also
\nshifted to that apartment and started living with them.
\nThereafter, they were regularly belittling and harassing
\nLW.2\u2014Swetha saying that she is misfit to accused No.1
\nand their family and started demanding to pay Rs.15 lakhs
\ntowards additional dowry and when she reported the
\nsame to her parents, the de facto complainant complied
\nwith the same by paying the amount in October and
\nDecember, 2003.<\/p>\n

c) Swetha joined M.S in Computer Engineering in
\nJanuary, 2004 and completed in May, 2005 and even
\nthough accused No.1 accepted for continuation of her
\neducation, accused Nos.2 to 5 developed grudge against
\nher. Gradually, accused Nos.2 and 3 brought their
\nchildren also to USA, so also their parents. The accused
\nNo.1 and his wife\u2014Swetha were visiting them once in a
\nmonth and also during long holidays, there, Swetha was
\nsubjected to harassment by them. After completion of
\nM.S in June, 2005, Swetha along with accused No.1
\ncame to India and stayed more than for one month.
\nDuring this time, a plot owned by accused No.1\u2014
\nMr.Hareesh Kakarla at Dandamoodi Enclave, Medchal
\nRoad, accused No.1 with no worth value, he and his
\nparents insisted and compelled Swetha to purchase the
\nsame by paying consideration and with lot of difficulty, the
\ndefacto complainant sold the plot in the year 2010 for
\nRs.30,000\/- more than what he paid to accused No.1. In
\nJuly, 2003, the defacto complainant and accused No.4\u2014
\nfather of accused No.1 purchased a plot admeasuring
\n1062.71 Sq.yds at Venkateshwara Nagar, A.S.Rao
\nNagar, Hyderabad for a sale consideration of Rs.54.00
\nlakhs and registered in the name of Ms.Karunamayi
\nKakarla, out of which the defacto complainant paid
\nRs.22,60,000\/- towards his half share. In November,
\n2003, accused No.1 and accused Nos.2 and 3, who are
\nin USA in active consent, knowledge and connivance with
\nhis parents\u2014accused Nos.4 & 5 in India increased the
\ntone and tenor of harassment towards Swetha. Later,
\nthey entered into a development agreement to develop
\nthe plot admeasuring 1062.71 Sq.yds, which they
\npurchased in the ratio 60: 40 to say 40% of share to the
\nowner of the land i.e., accused No.5\u2014Karunamayi is
\nabout Rs.1,31,00,000\/- out of which, the defacto
\ncomplainant entitled to half a share, however, under the
\nthreat of harassment and life threat to Swetha, accused
\nNo.4 and 5 with the active connivance of accused No.1
\ncompletely misappropriated the same. Taking advantage
\nof his position as one of the cheque signatories, accused
\nNo.4 retained three cheques issued by the firm for
\nRs.25,00,000\/- in favour of wife of defacto complainant
\ntowards part of her share in the venture of the cheques
\ndrawn on Andhra Bank, A.S Rao Nagar Branch. Accused
\nNo.4 induced the wife of defacto complainant to sign on
\nthe reverse of the three cheques and withdrew the entire
\namounts in cash and misappropriated the same. In the
\nmonth of January, 2007, accused Nos.1, 4 and 5
\ncompelled Swetha to transfer plot admeasuring 333
\nSq.yds of Kanch Gachi Bowli, Nallagandla Village,
\nSherilingampally Mandal towards additional dowry by
\ngetting a registered sale deed executed in favour of
\naccused No.4 and it was falsely shown in the sale deed,
\nas if sale consideration was paid to the defacto
\ncomplainant but in fact no amount was paid. From
\nJanuary to March, 2007 due to keeping the defacto
\ncomplainant and his family members under threat of
\nfurther harassment to Swetha and as per demands of
\naccused No.4 and his family members, defacto
\ncomplainant paid Rs.4,25,000\/- by way of cheques in
\nfavour of accused Nos.4 & 5. In April\/ May, 2007 even
\nthough he was not having enough funds with him,
\naccused No.1 and his parents started harassing Swetha
\nand demanding him to pay Rs.35,00,000\/- for purchase of
\nland, due to threat of increased harassment and danger to
\nlife of Swetha and as per the demands made by accused
\nNos.1 to 5, he was compelled to raise amount by taking
\nloans and paid Rs.35,00,000\/- to M\/s.A.V.C Housing
\nPrivate Limited on 05.05.2007 on behalf of accused No.4
\ntowards part of sale consideration for land admeasuring
\nabout 1 acre at Rachalur Revenue Village, Kandukuru
\nMandal by accused No.4. Thereafter, he stated that he
\nwas not having any more capacity to pay any further
\namounts and pleaded accused No.4 not to harass his
\ndaughter and him. Further, after going to USA, his
\ndaughter got job in Wells Fargo Bank where she worked
\nfrom March, 2006 to June, 2007 and earned net salary of
\nRs.70,000\/- and this entire amount was taken away
\nforcefully and misappropriated by accused Nos.1 and 2.<\/p>\n

d) Accused Nos.2 and 3 owned M\/s.Sure IT
\nSolutions, in which Swetha worked as HR Manager for ten
\nmonths from September, 2008 to July, 2009 and entire
\nsalary for this period was however misappropriated by
\naccused Nos.1 to 3, except for a sum around US$ 6,000\/-
\npaid for about three months out of the period. Swetha
\nwas suffering from gynecology problem from March, 2007
\nin spite of which, she was left to herself to take treatment
\nwithout any help from family members and she had come
\nto India and take treatment by staying at the house of the
\ndefacto complainant for one month i.e.,
\nOctober\/November, 2007 and in that period, Swetha
\nvisited her in-laws, where she was abused and belittled by
\nentire family and upon which she returned back to the
\nparents house. The harassment at home in USA also not
\ngoing down. The defacto complainant consoled his
\ndaughter to keep up hoping for good. In February, 2008,
\nSwetha got operated for plantar warts on which she was
\nadvised to take three weeks complete bed rest. However,
\nimmediately after going home, accused No.1 started
\nharassing her for sitting at home idle and he completely
\nrestricted her from contacting her parents and he was in
\nexclusive possession of all her bank cards, passport and
\nmoney and cut off giving any amounts to her even for
\ngroceries. He on the other hand used to go and spend
\ntime at his brother\u2019s house leaving Swetha in a total
\ndestitute state. Accused Nos.2 and 3 by visiting the
\nhouse of accused No.1 and used to demand Swetha that
\nthey rent their house and come and stay with them to take
\ncare of their children and cook for them as if a maid
\nservant. On 22.06.2008, accused No.1 called defacto
\ncomplainant at midnight time in USA from the office of his
\nbrother\u2014accused No.2, putting her father also on
\nteleconference stating that his daughter has been talking
\nto him and her friends over phone in spite of being told by
\nhim not to do so and that she has become useless to him
\ndue to not generating any kind of revenue to him and that
\ndefacto complainant and his daughter will face dire
\nconsequences, if his daughter does not generate further
\nrevenue for him. The accused persons used to harass
\nSwetha regularly and attributing that she is useless and
\ncannot bear any children and it is better to leave her. At
\nthe first delivery of Swetha, accused No.1 and his parents
\n\u2014accused Nos.4 & 5 refused to permit Swetha to come to
\nher parents house and for the defacto complainant\u2019s wife
\nwent to USA to look after and help Swetha in her
\nadvanced days of pregnancy, the accused were annoyed
\nand accused No.1 abused Swetha and her mother for her
\ncoming to USA without taking permission from him and his
\nfamily members and Swetha and her mother bore all the
\ntroubles and looking at their attitude, they got frightened
\nand on their request the defacto went to USA on
\n05.08.2009 and admitted her in hospital on 08.08.2009.<\/p>\n

e) On 09.08.2009 Swetha gave birth to a male
\nchild. After 10 days, accused No.1 started abusing
\ndefacto complainant and his wife alleging not following the
\nrequired ceremonial rituals even defacto complainant
\nbrought 5 tulas of gold ornaments to the child by accused
\nNo.1\u2019s saying such a small gift not sufficient to their status
\nand after 21st day ceremony, defacto complainant came
\nback to India on 04.10.2009, accused No.1 was
\nharassing Swetha and also her mother. On 21.09.2009
\nhe created a big scene in the house by hurling a table
\nlamp at Swetha and also abused mother of Swetha and
\naccused No.1 ultimately left the house on 19.10.2009
\nstating that he is not going to return unless mother of
\nSwetha returns to India and started living with his brother
\nand while leaving the house on 19.10.2009, he took away
\nthe passports of Swetha and the newly born child with
\nhim.<\/p>\n

f) Accused No.1 was not even respond to phones
\ncalls of Swetha, she sent an e-mail to accused No.1
\nnarrating some of the things that he has done and
\nthereafter, accused No.1 sent his friends and well wishers
\nof Swetha and suggested that if she does not take back
\nthe e-mail, she would be divorced through US Court and
\nout of fear, she sent another e-mail on 30.10.2009
\nwithdrawing earlier e-mail and after which, accused No.1
\ncame to home on 31.10.2009 and from then onwards he
\nstarted demanding Swetha and her mother to fall at the
\nfeet of his parents and ask for their mercy for returning to
\nIndia on 25.12.2009 and after that accused No.1 stopped
\nbringing edible groceries to the house or providing any
\nmoney to meet the household expenses and in February,
\n2010, accused No.1 sent Swetha to bring groceries from
\nthe stores, after picking up the items and when she tried to
\nmake payment through credit card, it did not work due to
\nwhich she has to put all the items back on the stand again
\nand return home. When she was saying the incident,
\naccused No.1 laughed at her and said that he
\ndiscontinued the credit card in September, 2009 itself and
\nsent her to the stores to make her know in what situation
\nshe is. On the other hand he used to go and spend time
\nat his brother\u2019s house leaving Swetha in a destitute state
\nand not even providing money for bringing groceries.
\nAccused No.1 also kept the certificates and documents of
\nSwetha with him and accused No.1 filed divorce petition in
\nUS Court stating that the marriage has become
\nirreconcilable in spite of continuing to stay in the same
\nhouse with Swetha.<\/p>\n

g) Thereafter, Swetha does not have funds at her
\ndisposal even to move around or appoint a good lawyer
\non her own to defend much less for transportation. Apart
\nfrom this, she was entirely made responsible to look after
\nthe kid all by herself without help of any one and without
\nany basic needs provided by accused No.1 and in that
\nsituation, accused No.1 served notice in the case on
\nSwetha along with an injunction order restraining her from
\nleaving the city. In such a situation, Swetha was
\ncompelled to seek legal advice from an advocate, who
\nwas not aware of the Indian laws and she contested the
\ncase, she was not even given child visitation rights, and
\nunder such compelling and coercive circumstances,
\nSwetha had no choice to sign whatever pleadings
\nprepared by her counsel and ultimately the Court in U.S.
\ngranted decree of divorce, which is not as per Hindu law
\nand not with her free will or consent and same is void
\nunder law. During the proceedings, it came to light that
\naccused No.1 even after being married and having a wife,
\nassigned all his LIC policies to his father accused No.4,
\nwho with his son\u2019s knowledge pledged the policies and
\nmisappropriated them. While things stood thus, accused
\nNo.1 by visiting the common places which Swetha visits
\nand abused her with foul and humiliating language and
\nthreatened her.<\/p>\n

h) Accused No.1 and all his family members made
\nthe life of Swetha miserable to end her life and she was
\nprevented by constant counseling from defacto
\ncomplainant and his wife and friends. Swetha was
\nsubjected to cruelty, dowry harassment and domestic
\nviolence and forceful confinement besides physical and
\nemotional blackmailing by accused No.1 and his family
\nmembers individually and collectively. Swetha was
\nreturned to India with broken heart in a helpless state.<\/p>\n

5) Basing on the above allegations, the learned Magistrate taken cognizance for the offences punishable under Sections 498-A, 406 I.P.C and Sections 4 and 6 of the Dowry Prohibition Act. Aggrieved by the same, the petitioners filed the present petition contending that the marriage took place on 23.05.2003, 1st petitioner left to U.S.A on 14.06.2003 and the daughter of the 2nd respondent joined the 1st petitioner on 05.09.2003, that except the monetary transactions as averred by the 2nd respondent, no harassment has taken place at Hyderabad, that even in the entire complaint there are no specific allegations against petitioners 2 and 3\/A-4 & A-5, that even if all the allegations in the report dated 06.06.2012 so belatedly besides barred by limitation, are even taken in its face value, the offences alleged against the petitioners under Sections 498-A, 406 I.P.C or Sections 4 and 6 of the Dowry Prohibition Act are not made out and even the alleged harassment has taken place outside India and outside the jurisdiction of the Court and thus the charge sheet laid and the proceedings initiated by the 2nd respondent are nothing but a pure abuse of process of law and it has to be interdicted at the threshold, the learned Magistrate should not have taken cognizance and therefrom prayed to quash the entire proceedings against the petitioners.<\/p>\n

6) So far as allegations against the accused Nos.1, 4 and 5 concerned, leave about the allegation of prior to marriage though stated no dowry required after marriage fixed asked for and given Rs.25,00,00\/- apart from 1kg gold ornaments, 2 kgs silver articles and another cash of Rs.2,00,000\/- towards clothes to the relatives of accused No.1 by accused Nos.4 and 5; the Visa applied for Swetha was through drop box by A-1 instead of his personal appearance before consulate. In this regard undisputedly A-1 left U.S only on 14.06.2003 i.e., about 20 days after the marriage. The Visa was from the very report and police final report granted on 19.06.2003 itself to say hardly within 2 or 3 days of A-1 reached U.S he obtained Visa for his wife-Swetha. Thus, the allegation is with no basis. From the very report and police final report, Swetha reached U.S.A to join the company of A-1 on 05.09.2003. It is not even stated the delay in her going after Visa cleared and granted on 19.06.2003 till 05.09.2003 for nearly 2 \u00bd months was on the part of any of the accused persons. So far as alleged giving of the amount or gold ornaments or jewelry and retention by A-4 and A-5 concerned, there could be no basis shown muchless about possessing of means and where purchased the gold and with what type of ornaments and when entrusted to A-4 and A-5 the in-laws of Swetha and by whom. There is nothing to say but for a stray sentence that after marriage and Swetha joined the company of her husband before he left U.S.A on 14.06.2003, she was subjected to humiliation by belittling in not paying dowry to their expectation, it was not specific about any of the incidents and when taken place for not even a case for any additional dowry in that period. Thus, practically during short stay of Swetha and A-1 in the house of A-4 and A-5 after marriage on 23.05.2003 till A-1 left U.S.A on 14.06.2003, there is nothing particularly against A-1, leave about any further stay of Swetha in the in-laws that is of A- 4 and A-5 till she left U.S.A on 05.09.2003 joined the company of her husband A-1 at Arizona State. The further allegations are in relation to Swetha and A-1, the couple took a rented premises, where A-2 and A-3 also started living or their belittling her or demanding any additional amount or harassing or her reporting to her father the defacto-complainant and his meeting of Rs.15,00,000\/- during October and December, 2003, there is nothing so far as against A-4 and A-5 in this regard but for if at all against A-1 leave about the crime against A-2 and A-3 ultimately after investigation their names deleted by not charged in the final report from investigation. Said incident is not only outside the jurisdiction of the Court but also outside India, if at all against A-1 leave about no case against A-2 and A-3 from the police final report that was taken cognizance. Even coming to subsequent allegations of Swetha pursued her further studies in abroad and once in a month or on holidays Swetha and A-1 were visiting A-2 and A-3 in Arizona and she was subjected to harassment that also only against A-2 and A-3 against whom there is no police final report charging leave apart anything against A-1 that only in the abroad. So also in relation to Swetha employed in the so called entity of A-2 and A-3 for about 10 months or she was not paid anything or A-1 to A-3 appropriated the salaries due to her but for $6,000 paid out of that period that is also the occurrence abroad and nothing within India that too only against A-2 and A-3 if at all. So far as the ill-health of Swetha there while staying with her husband or not attending by A-1 including in her Gynic problem that was also in America and coming to the subsequent allegation of she came down to India and while staying at her parents\u2019 house undergone the treatment in October and November, 2007. It is to say that in that period when she visited her in-laws she was abused or belittled that was also as vague as anything with no basis.<\/p>\n

7) Even coming to the subsequent averment of in February, 2008 Swetha was operated and was advised complete bed rest while they were staying at Arizona State and A-1 her husband harassed her by sitting idle by restricted her moments including by preventing to contact over phone with her parents or detained her credit card or passport or cut of giving of money to her even for groceries or made to purchase groceries by allowing to use a credit card which was cut of without funds that could not retrieve to pay and return of the groceries at the shop that was narrated also at abroad and nothing in India that too against A-1.<\/p>\n

8) Even coming to Swetha gave birth to a child, it was abroad and the allegation is A-1 did not even permit Swetha to come to her parents in India or abused when mother of Swetha went to look after the care of Swetha during her advanced pregnancy by A-1\u2019s abuse of Swetha and her mother even that is also in U.S.A including about Swetha and her mother out of fear requested the defacto-complainant and he went there by 05.08.2009 and admitted her in hospital on 08.08.2009 and Swetha gave birth to a male child in U.S.A on 09.08.2009 and any abuse by A-1 for not performing ceremonial rituals for the child after birth at U.S.A during their stay including in saying what the ornaments they brought to give to the child as a pittance including the so called A-1\u2019s irrespective of having left the company of his wife Swetha and her mother on 19.10.2009 during their stay in U.S.A, even for her phone calls which made her to sent an e-mail or A-1 sent his friends or friends of Swetha to take back the e-mail with a threat to give divorce otherwise and she sent another mail on 30.10.2009 withdrawing the earlier mail and there from only A-1 came back to the home on 31.10.2009 also taken place in U.S.A including the alleged subsequent harassment by A- 1 to tender apology by Swetha and her mother to his parents for their mercy or A-1 not bringing even groceries to the house and not providing money etc.,<\/p>\n

9) Thus, when those are all taken place in U.S.A and nothing in India and there is no even compliance of the requirement of Section 188 Cr.P.C even to submit that Swetha is not an Indian citizen there is no material before the Court including from the police final report material for the learned Magistrate to ignore or to say non-application of Section 188 cr.P.C that too for there is no previous sanction of the Central Government as required if at all the section applies for the alleged acts of the offences committed outside India by a citizen of India. No doubt, it is shown A-1 is not a citizen of India as he acquired citizenship in America and thereby the rigor of Section 188 Cr.P.C is not applicable is the submission of the learned counsel for the defacto-complainant in the course of hearing the quash petition. However, that no way suffice to overlook application of Section 177 and 178 Cr.P.C that too from what is discussed supra and in so far as A-1 leave about A-2 and A-3 for nothing charging them from the final report concerned of any part of the offence committed within the local area of the jurisdiction of the Court. From this background even coming to A-1 transferred after marriage, the L.I.C policies taken by him in favour of his father and he pledged and received the proceeds concerned there is no offence there from to say committed against the defacto-complainant or his daughter, wife of A-1 Swetha.<\/p>\n

10) From the above, at the cost of repetition, there is no any entrustment of any property or dominion over property that could made out to attract the offence under Section 406 I.P.C muchless even against A-4 and A-5 for what is discussed supra for nothing to say who entrusted when entrusted and what property and on what date and what proof to say entrusted and in the absence of which any bald or stray sentence no way suffice to attract the offence punishable under Section 406 I.P.C. There remains from the above accusations, the so called partnership in Everest Constructions standing in the name of mother of Swetha to undertake as partner mother-in-law of Swetha and the parents-in-law of Swetha with the active connivance of her husband A-1 allegedly obtained blank cheques under threat of harassment and life threat to Swetha or A-4 allegedly retained three cheques issued by the firm in the name of mother of Swetha for Rs.25.00 lakhs allegedly withdrawn and misappropriated by A-4 concerned, it is unknown, how a cheque in the name of the bearer issued by a drawer, without signature of the bearer by transfer or with endorsement on the reverse as signature on the reverse also of received the contents as an authorization to encash and if at all there is no truth little for such a huge amount could any prudent person keep quite without recourse that too from the year 2006- 2007 till the little finger raised in the police report dated 06.06.2012 to give any little credence and even the alleged offence not shown barred by limitation. The delay in setting the law in motion also a ground to quash the proceedings against sustainability apart from highly unbelievable of the said story against A-4 and A-5. Coming to the transfer of the flat measuring 333 Sq. yards of Kanchi Gachibowli by the execution of sale deed in favour of A-4 showing the sale consideration is paid that was allegedly taken place in January, 2007 when the same if an outright sale and the contents of the document even from the report averments and police final report version after investigation show a sale transactions and what has given as the transfer is to meet the additional dowry, difficult to believe after lapse of several years to same, more than 5\u00bd years in representing with reference to it as if executed as a sale deed though it is to meet the additional dowry.<\/p>\n

11) Even coming to the entering of development agreement of the plot of 1062.71 Square yards that stands in the name of A-5 mother-in-law of Swetha by giving 40% share and for development with 60% share to say defacto-complainant is entitled to half share or same was allegedly misappropriated by A-4 and A-5 with connivance of A-1 with reference to the so called cheques retained by A-4 of those issued in favour of mother of Swetha, to say A-4 induced mother of Swetha to sign on reverse side of three cheques to withdraw, it is highly unbelievable for defacto-complainant himself is a man well versed with his affairs could leave nothing for A-1 to take a cheque by obtaining signature from his wife by A-7 to encash that too for such a huge amount as also referred supra in this regard. Thus, there is no case that could be made out so far as A-4 and A-5 concerned for the learned Magistrate to take cognizance against them for any of the offences.<\/p>\n

12) It is also important to mention that prima facie once there is a presumption in relation to the judicial and official proceedings under Section 114 of the Indian Evidence Act clause (e) no doubt to be read with Section 13 and 14 of C.P.C to say not even conclusive from clause (c) of Section 13 C.P.C of parties covered by Hindu Marriage Act and the same not applied therein till such showing the presumption under Section 14 C.P.C, the Court has to draw unless rebutted the presumption by showing the contrary, leave about the submission of the parties to the jurisdiction of the foreign Court whether left open, still to raise for an exparte proceeding and even otherwise, the remedy is to impugn or to maintain a separate proceeding for matrimonial relief in India by saying that foreign judgment is not binding and relation of man and wife still subsists despite that foreign Court decree of divorce by showing within the purview of Section 13 C.P.C if not also within its purview read with Section 44 of the Indian Evidence Act of any fraudulent obtaining which is not even her case of fraudulent obtaining for she engaged advocate of her choice but for saying not properly defended her cause if any by the advocate and she could not pursue actively because of personal inconveniences. Thus, only remedy is to show within the purview of Section 13 C.P.C in showing not conclusive under Section 14 C.P.C. Even from the expression in Sanapareddy Maheedhar Seshagiri V. State of Andhra Pradesh where no doubt also held on the scope of Section 188 Cr.P.C of the bar is for enquiry\/trial and not for taking cognizance in saying even during trial such a sanction of the Central Government can be obtained.<\/p>\n

13) Further, coming to the domestic violence case, when it is categorically stated there is no domestic violence in the proceeding in answering one of the specific queries it is difficult to presume the alleged acts of cruelty there even against A-1 leave about A-4 and A-5. Having regard to the above, the proceedings are liable to be quashed.<\/p>\n

14) In the result, the petition is allowed and the proceedings in C.C. No.190 of 2013 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad at Nampally are hereby quashed. The bail bonds of the accused, if any, shall stand cancelled. Miscellaneous petitions pending, if any, shall stand closed.<\/p>\n

DR.JUSTICE B.SIVA SANKARA RAO
\nDt.01.04.2016<\/p>\n","protected":false},"excerpt":{"rendered":"

Andhra High Court HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6390 of 2013 ORDER : This Criminal Petition is filed by the petitioners accused…<\/p>\n","protected":false},"author":1091,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_customify_content_layout":"","_customify_sidebar":"","_customify_page_header_display":"","_customify_disable_header":"","_customify_disable_header_top":"","_customify_disable_header_main":"","_customify_disable_header_bottom":"","_customify_disable_page_title":"","_customify_disable_content_vertical_padding":"","_customify_disable_footer_top":"","_customify_disable_footer_main":"","_customify_disable_footer_bottom":"","_customify_breadcrumb_display":"","_customify_header_transparent_display":"","footnotes":""},"categories":[65],"tags":[3819,257,15256,89,42699,48,2318,42691,42253,92,1682,4495,42697,42698,42696,27815,42693,42695,42692,42694],"class_list":["post-3696","post","type-post","status-publish","format-standard","hentry","category-judgments","tag-406-ipc","tag-498-a","tag-bail-bond","tag-cruelty","tag-d-p-act","tag-dowry","tag-dowry-prohibition-act","tag-dr-justice-b-siva-sankara-rao","tag-dv-quashed","tag-hindu-marriage-act","tag-indian-evidence-act","tag-prima-facie","tag-sec-4-6","tag-sec-4-6-of-dp","tag-sec-498-a","tag-section-114","tag-section-13-c-p-c","tag-section-14-c-p-c","tag-section-188-cr-p-c","tag-section-44"],"_links":{"self":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/3696","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/users\/1091"}],"replies":[{"embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/comments?post=3696"}],"version-history":[{"count":0,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/posts\/3696\/revisions"}],"wp:attachment":[{"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/media?parent=3696"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/categories?post=3696"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mynation.net\/docs\/wp-json\/wp\/v2\/tags?post=3696"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}