Petition to quash the charge sheet

(Memorandum of Criminal Misc. Petition Filed under Section 482 of Cr.P.C.)
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:
AT HYDERABAD.

Crl.M.P.No. of 2007

IN

Crl. Petn. No. of 2007
Between:

1. Challa Anil Kumar S/o. Late C.V.A.S. Suryanarayana,
Aged about 31 years, Occupation: Unemployed,

2. Challa Uma Gayathri W/o.
Aged about 30 years, Occupation: Housewife,

… PETITIONERS/PETITIONERS.

AND

The State of AP Rep by
P.P. High Court through
P.S. Saroornagar, Hyderabad
… RESPONDENT/RESPONDENT.
May it please your Lordships,

For the reasons stated in the main criminal petition, the Petitioner above named most humbly prays that this Hon’ble Court may be pleased to stay all further proceedings in C.C. No. 232 of 2006 pending on the file of the Respondent in the interest of Justice and pass such other and further order or orders as this Hon’ble Court deems fit and proper under the circumstances of the case.

COUNSEL FOR PETITIONERS.

Hyderabad
Date: 10.09.2007

DISTRICT : HYDERABAD.

HIGH COURT OF AP
AT HYDERABAD.

Crl.M.P.NO. OF 2007
IN
Crl. Petn. NO. OF 2007

INTERIM DIRECTION PETITION

FILED ON: 10.09.2007.

Filed by:
M/s.

ADVOCATES.
(Memorandum of Criminal Petition Filed under Section 482 of Cr.P.C.)
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: AT HYDERABAD.

Crl. Petn. No. of 2007.
Between:

1. Challa Anil Kumar S/o. late C.V.A.S. Suryanarayana,
Aged about 31 years, Occupation: Unemployed,

2. Challa Uma Gayathri W/o.
Aged about 30 years, Occupation: Housewife,

… PETITIONERS/ACCUSED NO.1 & 2.

AND

The State of AP Rep by
P.P. High Court through
P.S. Saroornagar, Hyderabad
… RESPONDENT.

May it please your Lordships,

That the address of the Petitioners herein for the purpose of service of summons, notices, processes etc. are the same as shown in the cause title above and their counsel M/s. … .

For the reasons stated in the accompanying affidavit, the Petitioner herein most humbly prays that this Hon’ble Court may be pleased to quash all and every proceedings in C.C. No. 232 of 2006 on the file of the Respondent registered under section 498-A of I.P.C. in the interest of Justice and pass such other and further order or orders as this Hon’ble Court deems fit and proper under the circumstances of the case.

COUNSEL FOR PETITONERS.
Hyderabad
Date:

DISTRICT : HYDERABAD.

HIGH COURT OF AP
AT HYDERABAD.

Crl. Petn. NO. OF 2007

QUASH PETITION.

FILED ON:

Filed by:

ADVOCATES.

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD.

Crl. Petn. No. of 2007.

Between:

1. Challa Anil Kumar S/o. late C.V.A.S. Suryanarayana,
Aged about 31 years, Occupation: Unemployee,

2. Challa Uma Gayathri W/o.
Aged about 30 years, Occupation: Housewife,

… PETITIONERS.
AND

The state of AP Rep by
P.P. High Court through
P.S. Saroornagar, Hyderabad
… RESPONDENTS.
AFFIDAVIT

I, Challa Anil Kumar, S/o. late C.V.A.S. Suryanarayana, aged about 31 years, Occupation: Unemployed, do hereby take oath and state on solemn affirmation as under:

1. I state that I am the Petitioner herein and am well acquainted with the facts of the case. I state that the Petitioner No. 2 herein is my sister who is at present living in U.S.A. and as such I am capable to swear the contents of the present affidavit on her behalf.

2. I state that the Police have filed a Charge Sheet against me under Section 498-A of I.P.C. alone and the same has been registered as C.C. No. 232 of 2006 on the file of the Hon’ble II Metropolitan Magistrate, Cyberabad, L.B. Nagar, Ranga Reddy District.

3. I state that the Charge Sheet is supported by only two statements out of which one is of the Defacto Complainant herself and the second is of the mother of the Defacto Complainant. I state that Section 498-A reads as follows:

“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

(a) any willful 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

(b) harassment of the woman where such harassment is with a view to coercing her or any person related her to meet any unlawful demand for any property or valuable security or is an account of failure by her or any person related to her to meet such demand.

4. The basic ingredients necessary for establishing prima facie an offence under Section 498-A requires subjection of a woman to cruelty and this cruelty can be physical or mental in nature. Secondly what is necessary is any willful conduct on behalf of the husband so as to drive the woman to commit suicide or harassing the woman with a view to coerse her to meet unlawful demands. These are the basic requirements under Section 498-A of I.P.C.

5. I state that the Statement of the Defacto Complainant reads as follows:

“I hereby depose that my marriage was performed with Challa Anil Kumar S/o. Challa Surya Narayana on 18.08.2005 at Kakinada in the presence of elders. We gave him two rings and silver items at the time of marriage. We alone performed the marriage. After marriage, I came to Hyderabad to my marital home. We lived together for about 10 days. After 10 days he went to US. Even after going there, he spoke well with me. He sent Visa papers on 13th September. He spoke well for quite some time. He sent me a mail on 13th October. In that mail he sent a message stating “thoughts and ideas are hurdles for all. It is difficult for us to live together”. By seeing this, I contacted him. He said that we do not have any relationship. We could not live together. I told the same to my family members. Even after many phone calls we made thereafter, he had not lifted the phone. I am of the opinion that for the differences in between us, there might be an involvement of my sister-in-law (my husband’s sister). He came to India on 24th December as his father’s ill health. We had a talk with them. He said, “I will receive you whenever you come. If you want to stay in the house as a stranger then you can come.” He said, “Despite knowing my circumstances you are acting like this. I will see your end.”

6. If this statement is perused, nowhere is there any allegation either of demand of dowry, or of any cruel behaviour, or any behaviour leading her to commit suicide, or to cause grave injury or danger to life, limb or health.

7. The statement of the mother of the Defacto Complainant reads as follows:

“I hereby depose that I have four daughters. Malathi is my third daughter. We performed the marriage of Malathi with C.Anil Kumar on 18th August, 2005 at Kakinada in the presence of elders. After the marriage, our daughter went to her marital home. Our son-in-law left for the US after ten days. After few days he sent a mail to my daughter stating “it is difficult for us to stay together.” He is not available for us to contact him for discussions on this issue. He came to Hyderabad on 24th December due to his father’s ill-health. He said the same thing while we were in discussions. He is trying to get rid of our daughter without assigning any reason.”

8. If this statement is perused, it will also show that none of the ingredients of Section 498-A are met out. In view of these only two statements existing against the Petitioners which do not spell out any section as there is no iota of evidence or no allegation against the Petitioners that they have committed the offence under Section 498-A of I.P.C. The only allegation made in the Charge Sheet is that she was harassed by her husband and sister-in-law, namely Challa Uma Gayathri. However, this allegation does not find place in any of the witness statements.

9. In view of the above mentioned facts and circumstances, the Charge Sheet deserves to be quashed and set aside.

IT IS THEREFORE PRAYED

That this Hon’ble Court may be pleased to quash all and every proceedings in C.C. No. 232 of 2006 on the file of the Respondent in the interest of Justice and pass such other and further order or orders as this Hon’ble Court deems fit and proper under the circumstances of the case.

DEPONENT.
Sworn and signed in my presence
on this the 10th day of September, 2007
at Hyderabad City.

Advocate; Hyderabad.


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One Response to Petition to quash the charge sheet

  1. Comp says:

    Does the petitioner who filled a case against her husband has any kind of proof for the statement she claims that made by husband in email saying ” we can not live together” If not what it the guarentee that she is not making up the statement?

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