S.482 CrPC | Criminal Proceedings Can't Be Quashed If Specific Accusations Made Against Accused, Can't Conduct Roving Inquiry: Andhra Pradesh HC
The Andhra Pradesh high Court reiterated that when there are specific accusations in the FIR, charge sheet and witness statement to police, the court does not have the jurisdiction to embark upon appreciation of material in a petition under Section 482 of CrPC. Justice K. Sreenivasa Reddy observed: "Prima facie when an accusation has been made, this Court would not embark...
"Prima facie when an accusation has been made, this Court would not embark upon appreciation of the material in a petition under Section 482 Cr.P.C. for quashing the proceedings."
Brief Facts of the case
On complaint by defacto complainant, the police registered a case in the police station and after completion of investigation, laid charge sheet against the petitioner who is the second Accused and another for offences punishable under Sections 498A, 324, 506, and 109 IPC and 3 & 4 of the Dowry Prohibition Act.
The Criminal Petition was filed under Section 482 of CrPC to quash the proceedings by the petitioner who was accused no. 2 in a criminal case. Her contention was that there was absolutely no offence made out against her.
In the case, the defacto complainant who was the 1st respondent was the wife of Accused No. 1. Their marriage was performed in the year 2015. On demand made by Accused, her parents gave dowry as he was working as a Constable in Police department.
After marriage, the couple lived happily for some time. Thereafter, it was alleged by respondent-defacto complainant that the Accused No. 1 started subjecting her to cruelty both physically and mentally demanding additional dowry. In the month of 2016, when 1st respondent was washing clothes, she noticed a slip in the trouser pocket of the Accused which contained naming function details of Baby Kelvin. The Accused No. 1 on enquiry informed that he was having intimacy with Accused No. 2 and baby Kelvin was blessed through her. Since then he accelerated his cruelty towards the defacto complainant. The harassment was informed to the panchayat where the Accused No. 1 admitted his guilt and assured that he would not repeat it again. But there was no change at all and defacto complainant was subjected to cruelty and beating indiscriminately.
From the record, it is pertinent to mention that there was an accusation against petitioner/Accused No. 2 having illicit intimacy with accused No. 1, and that she instigated Accused No. 1 to demand additional dowry of Rs, 1,00,000/- from the defacto complainant. There were specific accusations in the Witness statements to police under Section 161 CrPC also.
The court observed that specific accusation had been made as against the petitioner and not vague allegations. On the face of it, case has been made out disclosing the ingredients of the offences alleged against the petitioner.
The Criminal Petition was accordingly dismissed.
Case Title : Uggina Nagamani Versus Kona Persisurani
Citation: 2022 LiveLaw (AP) 65