Smt. Vasim Unnisa v. State Of Ap.,Rep.Byits Public Prosecutor,

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD CRIMINAL PETITION NO.7124 OF 2011 ORDER:

This Criminal Petition is filed under Section 482 of the Criminal Procedure Code to quash the proceedings in C.C.No.99 of 2011 on the file of the VI Additional Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad.

Petitioners herein are A1 to A4 and second respondent is the complainant. The second respondent is the husband of the first petitioner and other petitioners-A2 to A4 are the family members and are in relation. The second respondent and the first petitionerA1 got married on 23.07.2004 as per their religious customs and traditions and, thereafter, due to some disturbances in their marital life, on allegations and counter allegations against each other, the first petitioner herein filed complaint against the second respondent and the same has been registered as Cr.No.10/2008, dated 07.01.2008, in Humayun Nagar Police Station under Section 498-A IPC r/w Sections 4 & 6 of the Dowry Prohibition Act and the same is pending adjudication on the file of the XIII Additional Chief Metropolitan Magistrate (Mahila Court), Hyderabad.

As a counterblast, the second respondent filed C.C.No.99 of 2011 on the file of the VI Additional Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad against the petitioners herein under Section 499 r/w 500 IPC and for the purpose of cause of action the date of offence has been noted in the complaint as prior to 2004.

It appears that this C.C.No.99 of 2011 is a counterblast complaint against the complaint of the first petitioner. The contents

of the complaint do not fall within the ambit of Section 499 IPC as they are not specific and the contents are very vague. The parties shall work out their remedies available under law.

Accordingly, the Criminal Petition is allowed, setting aside the proceedings in C.C.No.99 of 2011 on the file of the VI Additional Chief Metropolitan Magistrate, City Criminal Courts, Hyderabad. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ T.AMARNATH GOUD, J 27th October, 2017 Tsy