Dr.Md.Younus, Karimnagar Dt., And 3 Othrs., v. The State Of Ap., Rep Pp., And ANR.,
SMT JUSTI CE T.RAJANI CRI MI NAL PETI TON No.6 7 3 OF 2 0 1 3 ORDER:
This petition is filed by the petitioners, who are the respondents in the DVC, seeking to quash the proceedings in DVC No.90 of 2012 on the file of the court of Additional Judicial Magistrate of First Class, Karimnagar. The offences alleged are under Section 12 of the DVC Act.
2.
Heard the counsel for the petitioners and the Public Prosecutor appearing for the 1st respondent. None appears for the 2nd respondent in spite of notice.
3.
The petitioners are the parents-in-law and brothers-in-law of the de facto complainant. In the complaint, the complainant claims return of the dowry amount of Rs.1,00,000/ -, an amount of Rs.50,000/ - which was given towards meher, Rs.50,000/ - which was given towards bike, totalling Rs.2,00,000/ -. 4.
The counsel for the petitioners submits that the de facto complainant, in fact, after the death of her husband got married again and this petition is filed only to harass the petitioners herein. However, the said fact has to be enquired into and hence, the proceedings against the petitioners cannot be quashed.
5.
Hence, in view of the above and also considering the allegations made in the petition against the petitioners that they have been harassing the de facto complainant when she resided
along with them, this court opines that it is not safe to quash the proceedings against the petitioners.
6.
With the above observations, the Criminal Petition is dismissed. Interim stay granted by this court on 26.06.2015 shall stand vacated.
As a sequel, the miscellaneous applications, if any pending, shall stand closed.
_ _ _ _ _ _ _ _ _ _ T.RAJANI , J December 5, 2018 LMV