P.Akber Khan, Ac.Guards, Hyd 3 Othrs. vs State Of Ap., Rep. Pp., And Anr.,

This petition is filed by the petitioners - A1 to A4 under Section 482 Cr.P.C. to quash the proceedings in CC No.183 of 2012 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad, filed for the offence under Section 406 IPC against them.

The case of the prosecution in brief was that the 2nd respondent lodged a complaint dated 06.02.2004 stating that on 15.06.2000 she was married with petitioner No.1 as per Muslim rites and customs and the same was fixed by a marriage bureau. At the time of marriage, the accused persons demanded Rs.3,00,000/-towards dowry and Rs.2,00,000/- towards Jahej articles and the same were shifted to the house of her husband at Malakpet. She was harassed for additional dowry. She was taken to Jedda by her husband. There also she was harassed for additional dowry to purchase a plot at Hyderabad. Her parents gave Rs.50,000/- in the month of December 2001. She became pregnant and when the doctor gave the scanning report that the child was a baby girl, she was forced for abortion. At the request of her parents, she was sent back to India and after coming to her parents' house, she gave birth to a girl. Her husband did not come to see her or her daughter and sent a notice on 10.02.2002 saying that he divorced the complainant on 03.02.2002. The accused failed to return the jahej articles and misappropriated the same. Basing on the said complaint, the S.I. of Police, WPS, South Zone, Hyderabad registered a case in Crime No.183 of 2012 for the offence under Section 406 IPC. After completing the investigation, the police filed charge sheet against A1 to A4 for the offence under Section 406 read with 34 IPC.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

Learned counsel for the petitioners submitted that the 2nd respondent - de facto complainant had married three persons so far and on 15.06.2000, she married the 1st petitioner and the said marriage was dissolved by a talaqnama on 03.02.2002. She filed a case in FIR No.32 of 2002 for the offence under Section 498-A IPC against the petitioners and the said FIR was quashed by this Court vide order dated 27.02.2006 in Criminal Petition No.5139 of 2005. The 2nd respondent married Mr.Mohd. Nizamuddin for the second time on 17.10.2003. She lodged a complaint against her second husband also on 18.12.2003 i.e. exactly two months after the marriage with him under Section 498-A IPC. It was her habit to marry number of persons and to extract money by filing false complaints. The present complaint was lodged only as an afterthought, two years after lodging the FIR under Section 498-A IPC, only to harass the petitioners. If really the Jahej articles were retained by the accused, the 2nd respondent would have claimed the same when she received Meher amount at the time of talaq on 03.02.2002. She would not have kept quiet for two long years. She did not make any claim when she filed complaint for the offence under Section 498-A IPC. The details of the Jahej articles were not mentioned in her complaint but included in her statement recorded under Section 161 Cr.P.C. No single scrap of paper was annexed to prove her acquisition and donation. The 2nd respondent abused the process of law by filing successive false complaints against her husbands. The conduct of 2nd respondent was blameworthy and she could not misuse the criminal justice system and prayed to quash the proceedings in CC No.183 of 2012 against the petitioners.

Learned Public Prosecutor reported to decide the petition on merits.

Perused the record. The complaint was lodged on 06.02.2004. As per the complaint, the 2nd respondent was married with the 1st petitioner on 15.06.2000 and the said marriage was dissolved by Talaqnama on 03.02.2002. She lodged a complaint before the police on 19.02.2002 against the petitioners 1 to 4 as well as two others under Section 498-A IPC and Sections 4 and 6 of Dowry Prohibition Act. Though she stated that Jahej articles worth Rs.2,00,000/- were presented by her parents at the time of marriage, she had not stated the details of the jahej articles in the said petition nor in the present petition which was filed two year later on 06.02.2004. If the jahej articles were retained by the accused, she would not have kept quiet for two long years. She had not filed any list of jahej articles signed by the parties as per the custom prevailed in their community to prove that the said articles were presented by her parents at the time of marriage and the same were handed over to the petitioners to attract the offence under Section 406 IPC. The police had not collected any evidence in proof of the same. She received the meher amount at the time of Talaq on 03.02.2002. No claim was made by her at that time. She was also married for the second time on 17.10.2003 and lodged a complaint against him also under Section 498-A IPC on 18.12.2003. Filing of this case against her first husband and his relatives subsequent to the dissolution of her marriage with her second husband also creates a doubt on the truth of the allegations made by her in her complaint. The complaints filed by her successively against her husbands and their relatives and the dismissal of the said complaints by this Court in writ petitions observing her blameworthy conduct would show that she was abusing the process of law.

Hence, to prevent the mis-carriage of justice and as the continuation of proceedings against the petitioners is only an abuse of law, it is considered fit to allow the petition quashing the proceedings in CC No.183 of 2012 filed against the petitioners for the offence under Section 406 IPC on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad.

In the result, the Criminal Petition is allowed quashing the proceedings against the petitioners - A1 to A4 in CC No. 183 of 2012 on the file of XV Additional Chief Metropolitan Magistrate, Hyderabad.

Miscellaneous petitions pending, if any, shall stand closed.