The Andhra Pradesh High Court has held that allegations of taunting a woman for not conceiving—made against her married sisters-in-law—do not constitute sufficient grounds for continuing criminal proceedings under Section 498A of the Indian Penal Code or Sections 3 and 4 of the Dowry Prohibition Act, 1961.

Justice Harinath N, presiding over a Single Judge Bench, quashed proceedings against the sisters (Petitioners 3 and 4) of the husband (First Accused), observing that vague and generalized allegations without specific instances or dates do not satisfy legal standards for prosecution.

“The petitioners 3 and 4, after their marriage, were residing separately from the marital home of the first accused and the complainant (Respondent 3). Even as per the complaint, the third respondent had joined the first accused and the petitioners at Hyderabad. The only mention of petitioners 3 and 4 is that they taunted the complainant during visits, which lacks the specificity required to sustain a criminal charge,” the Court noted.

The petitioners—including the parents and sisters of the first accused—sought relief from being named in a case filed under Sections 498A IPC (cruelty by husband or relatives), and Sections 3 and 4 of the Dowry Prohibition Act (dowry demands and penalties).

Noting that the investigation revealed no substantial or specific allegations against Petitioners 3 and 4, the Court found that their implication in the case appeared to be an attempt to harass relatives of the primary accused.

“Even assuming the allegations are true, no offence under Section 498A IPC or Sections 3 and 4 of the Dowry Prohibition Act can be made out against petitioners 3 and 4,” the Court held.

The Court further emphasized that since Petitioners 3 and 4 had been living separately since their respective marriages, they could not have inflicted any harassment upon the complainant.

Accordingly, the Court allowed the criminal petition in part, quashing proceedings only against Petitioners 3 and 4 pending before the Judicial Magistrate of First Class-cum–Principal Civil Judge, Srikakulam.

Case Details:
Case Number: Criminal Petition No. 4896 of 2023
Case Title: Basuru Mani Bhushana Rao and Others v. State of Andhra Pradesh