The quash petition

April 28, 2007

The following is the text of the quash petition filed on my behalf. This petition was admitted but is at an impasse thanks to the overload of false cases and the “honest and diligent” court clerks who help keep the file at the bottom. An identical petition on behalf of my brother was dismissed. My brother is stuck in India for 16 months, while his passport sits in a locker in the court.

MEMORANDUM OF CRIMINAL PETITION

(Under Section 482 Of Cr.P.C)

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH, AT

HYDERABAD

Crl.P. No. of 2006

Between:

Challa Uma Gayathri W/o (name removed)

Age: 29 years, Occ: Student

(address removed)

Petitioner

And

State of Andhra Pradesh

Represented through Public Prosecutor,

AP High Court, Hyderabad .. Respondent /Complainant

The address for service of all notices, processes etc., on the above named Petitioner is that of her counsel (name removed), Advocate, (address removed).

  1. The above named Petitioner begs to present this Memorandum of Criminal Petition to this Hon’ble Court to quash the Proceedings in Crime No. 1125 of 2005 dated 28.12.2005 of Saroornagar Police Station, Hyderabad Ranga Reddy district.
  2. The Petitioner submits that she was falsely implicated in the above criminal case based on the complaint made by her brother’s wife Mrs. P.Malathi and registered in the above crime No.1125/2005 under Sec. 498A IPC.
  3. The petitioner respectfully submits that the Proceedings in the above Crime cannot be permitted to be continued and have to be quashed in limine for the following amongst other-,

-:Grounds:-

1. The Petitioner submits that the present complaint is a clear case of abuse of the process of court and not in the interests of securing justice;

2. The Petitioner submits that the complaint is filed by the said Malathi on frivolous grounds and with all false allegations.

3. The Petitioner submits that the complaint requires the police to ensure that the Accused do not escape from India and not to punish them;

4. The Petitioner submits that the allegations are totally bald and not referring to any specific date or event;

5. The Petitioner submits that it is the case of the complainant that the family members of the complainant contacted the Accused and their replies were harsh, and not the defacto complainant herself, whereas the provisions of Sec.498A IPC requires that the defacto complainant ought to have been subjected to cruelty.

498-A. Husband or relative of husband of a woman subjecting her to cruelty:- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation:- For the purposes of this section, “cruelty” means:-

  • any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
  • harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand

6. The Petitioner submits that the acts stated to have been committed by the Accused does not fit into the definitions of cruelty as explained in Sec.498A IPC that is the alleged acts against accused not constituting alleged offences for want of satisfying ingredients of offences and hence continuance of the said complainant is an abuse of process of law;

7. The Petitioner submits that no allegations much less of specific nature to remotely connect accused with alleged offence. The Accused also shown to have went back to USA after a brief stay of just 10 days immediately after marriage and that there is no complaint of any harassment during this short stint of stay either;

8. The Petitioner submits that the act of cruelty, if it really exists, is said to be performed against the relatives of the defacto complainant in the USA and outside the territory of India and as such the provisions of Sec.498A IPC cannot be attracted;

9. The Petitioner submits that the allegations made in the FIR or complaint, even if they are taken at their face value and accepted in its entirely do not prima facie constitute any offence or make out a case against the accused.

10. The Petitioner submits that the uncontroverted allegations made in the FIR or complaint do not disclose the commission of any offence and make out a case against the accused,

11. The Petitioner submits when the complaint is read in totality there is no complaint against the petitioner herein and no punishment is sought against her;

12. Any other ground that may be urged at the time of hearing;

The Petitioner humbly submits that for what is stated above, the petitioner is not liable for the prosecution under Sec. 498A IPC, and hence the complaint is false, misconceived and the impugned proceedings amount to a clear will to harass the petitioner. There is no prima facie case is made out disclosing the alleged offence, and that there are no bonafides to file the above complaint and hence liable to be quashed. Unless appropriate orders are granted, the Petitioner will be put to grave prejudice and irreparable loss.

It is therefore necessary in the interests of justice that this Hon’ble Court is pleased to quash the Proceedings in Crime No. 1125 of 2005 registered at PS Saroornagar, Hyderabad Ranga Reddy District against the Petitioner and grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.

It is also necessary in the interests of justice that this Hon’ble Court is pleased to grant stay of further proceedings in the Crime No. 1125 of 2005 registered at PS Saroornagar, Hyderabad Ranga Reddy District including personal appearance pending disposal of the above Crl.P. and grant such other relief or reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Hyderabad,

Date: Counsel for the Petitioner


Potentially the silliest false case under IPC 498A that caused a serious tragedy

April 28, 2007

My video interview

http://www.498a.org/contents/video/Uma.wmv

In page 3 FIR, the summary statement is written as:

IN THE COURT OF THE HON’BLE JUDICIAL IIND METROPOLITAN MAGISTRATE
CYBERABAD AT L.B.NAGAR

Honoured Sir,

Today i.e. Prior 28-12-2005 at 2115 hours received a complaint from
Smt. P.Malathi w/o Anil Kumar R/o G-1 Flat Plot 9, Huda Complex,
Saroornagar which the brief contents are as under follows.

Facts of the case are that the marriage of the complainant was
performed with .. Anil Kumar. After 10 days her husband flew away to
US and sent a e-mail stating to denies to continue relationship and
her husband and her sister put the complainant and her family members
in mental agony. Hence the FIR.

Received on 28-12-2005 at 21:15 hrs.
As per contents of the above complaint registered a case
Cr.No.1125/2005, U/s 498-A and investigation is entrusted to WSI Kum.
Sunitha. (The original complainant enclosed here with).

>>>

Complaint (with her spelling and grammatical errors):

Date: (left blank)
Place: Hyderabad

To
The Circle Inspector of Police,
Saroornagar Police Station
Dilshukhnagar
Hyderabad

Dear Sir,

I am Pappu Malathi residing at G-1, Flat 1, Plot: 9 Huda Complex,
Saroornagar, Hyderabad was married to Mr. Challa Anil Kumar S/o Challa
Suryanarayana Murthy residing at California, USA on 18th August 2005
in Kakinada our Native Place.

After spending 10 days here in India, he flew over to USA. However,
suddenly on 13th October 2005, through e-mail he denies to continue
the relationship without specifying anything. we have been put to
mental harrassment by Mr. Anil and her sister Uma Gayathri. My family
members tried contacting them in US but there was harsh replies to
them and they threwed them out from the house. The consistent reply
was not to speak anything. After spending a lot of money for this, w
were cheated by the actions of them.

We came to know from the reliable sources that Mr. Anil and Ms. Uma
landed down in Hyderabad due to his father’s illness. His father is
admitted in Care hospital, Clock tower, Secunderabad. Please do the
needful as I request you to, in order to stope Mr. Anil and Ms. Uma
(sister to Mr.Anil) to escape from India.

Thanking You Sir,

Yours faithfully,
P.Malathi

>>>

(Main text of)
REMAND CASE DIARY
C.D. Dated 29-12-2005

IN THE COURT OF THE HON’BLE SECOND METROPOLITAN MAGISTRATE AT
L.B.NAGAR, CYBERABAD.
.
.
.
Honored Sir,

Brief facts of the case are that on 28.12.2005 at 2115 hours received
a complaint from Smt. P.Malathi w/o Anil Kumar R/o G-1, Plot No.9,
Huda Complex before SHO Saroornagar, stating that she got married to
Anil Kumar s/o Challa Suryanarayana Murthy residing at California, USA
on 18-8-2005 at Kakinada. After spending 10 days here in India her
husband went to USA. Suddenly on 13th Ocotber 2005 her husband mailed
her that he don’t want to continue the relationship with her. She was
harrassed by her husband and sister in law Gayathry mentally. Her
family members tried to contact her husband but received harsh replies
from them. Later she came to know that Mr. Anil and Ms. Uma landed
down to India for his father’s illness. Her husband father is
admitted in care Hospital, Clock Tower, Secunderabad. As such she
requested to stop Mr. Anil and Mrs. Gayatri to escape from India.

On receipt of the above petition SHO of Saroornagar registered a case
in Cr.No.1125/05 U/s. 498 (A) IPC and transferred to Women PS for
further investigation.

I SI Women PS took up investigation in this case and during the course
of investigation I have examined the complainant Smt. Malathi and her
mother Smt. Seethamahalakshmi, recorded their detailed statements,
which were incorporated with part IIcds.

Investigation revealed that marriage of Complainant and A-1 performed
on 18.08.2005 in the presence of elders as per Hindu rites and
customs. A-1 is a resident of California, USA. After the marriage
A-1 spent about 10 days with the complainant at India and later went
to USA. From 13.10.2005 A-1 emailed the complainant that he don’t
want to continue the relationship with her and after that A-1 & 2 did
not give proper replies to complainant and her parents and thus
harrassed the complainant mentally. As the father of A-1 was admitted
at Care Hospital due to ill ness, A1 adn A2 landed over to India and
the complainant lodged complaint to stop them.

Thus from the facts and evidence collected so far a prima-facie case
has been established on the accused A1 and 2. Hence, arrested the
accused on 28.12.2005 at 2230 hours at Chaitanypuri adn brought them
to PS at 2245 hours, issued arrest memos, informed them the grounds of
arrest, allowed them to contact their relatives.

Therefore, I am herewith producing the accused before the Hon’ble
court with a request to Remand them to judicial custody of (14) days
so as to enable me to complete further investigation in this case and
to file charge sheet.

Sub-Inspector of Police,
WPS, Saroornagar

>>>
(DOCKET ORDER)

In the Court of the II Metropolitan Magistrate: At L.B.Nagar,
Cyberabad, Hyderabad.
Present: Sri G.Kabardi, B.Com, B.L.
II Metropolitan Magistrate
Dated on this 29 day of December, 2005
Crl.M.P. No. 6837 of 2005.
in Crime No. 1125 of 2005.

Between:
1. Challa Anil Kumar, S/o C.V.A.S. Suryanarayana
age 30 Yrs, r/o — (address deleted by yours truly).

2. Challa Uma Gayathri, w/o (name deleted by yours truly),
Age 29 Yrs, occ: Phd student, R/o —(address deleted by yours truly),
… Complainant/accused

AND

State of A.P. through
SHO, P.S.Saroor nagar
… Respondent/Complainant

Petition filed U/sec. 439 of Cr.P.C. and for the Offences 498-A IPC.

This case is coming before me for disposal in the presence of Sr.
P.Kumara Swamy and K.S.Rahul Advocate counsels for accused persons and
Sri APP for state of A.P. having stood over for consideration on this
day, this court delivered the following:-

DOCKET ORDER

Heard both sides perused the record. Today morning the father of A1
died. So to perform Obseques his person so required. I admit them on
bail on executing a bond for Rs. 5,000/- each with 2 sureties. A1
shall surrender the Pass Port before this court on the next day of
adjournment i.e., 12-1-2006.

Written and pronounced before me in Open court this 29th day of
December, 2005.

II Metropolitan Magistrate,
Cyberabad, at L.B.Nagar

One of the pieces of evidence of “harassment” (translated into English):

To Malathi,

I have been thinking deeply for the past few days and have arrived at
a decision. Eversince our marriage alliance has been fixed, the
differences, conflicts and incompatibilities between us have been
increasing due to which I find it difficult to contribute to the
smooth running of our marriage. To avoid further difficulties and
unhappiness in our personal lives, in the present and in the future, I
have decided to end my relationship with you now. This decision is
not a reaction to any one specific incident.

There are many differences in our life’s perspectives, interests,
goals and philosophies. Even if these do not appear to be hindrances
to some extent, after a certain limit they definitely become
impediments to friendship. The differences between us are such
impediments.

As I have mentioned to you earlier, I did not enter marital life to
have someone to assist me in my routine chores of life. I got married
to be with a partner who shared at least some of my interests,
thoughts and philosophies adn my enthusiasm and perspectives in my
journey of life. It is clear that our perspectives on married life
are quite different. It is difficult to continue this journey due to
these differences.

My marital life is bound to be influenced by family members from both
sides. If such influences are unpleasant, future life is going to be
filled with sorrow. We have already discussed how the attitudes and
thinking of your family members are against my nature. Since such
differences are ingrained in our personalities, it is impossible to
change them. It is not good to begin this journey by discounting
these differences since they would lead to persistent tension in life.
This would make it challenging for us to shape our future as well at
that of the next generation according to our personal philosophies.

Owing to such innumerable differences, I do not have the capacity to
continue this relationship. I cannot shoulder this responsibility
unhappily. Even if I do, it will prove to be a burden that will
impede my complete and happy coexistence with you. If I ignore all
the above points and go ahead, I will have done injustice to both of
us.

I hope you will understand my earnest attempt to communicate my
thoughts clearly and appreciate, with equanimity, the circumstances
that led to this situation. It is quite unfortunate that something
that we undertook with good intentions should fail in this manner.

With best wishes,
Anil


Hello world!

April 28, 2007

This blog is dedicated to my sister-in-law and all those like her who served as a trigger for me to see the world from a whole new perspective. My sister-in-law holds the honor of posing some of the greatest challenges on me and my family, and helped us better understand what matters most in life. If not for her, I would not be involved in a noble cause called “Save Indian Family”. If not for her I would not have met some of the most passionate and wonderful human beings. If not for her I would have not got an opportunity to practice the ideals that I stood for all my life. May god bless her with a long life so that she may understand how she has helped lay the foundation for social change.