THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7408 of 2007 And CRIMINAL PETITION No.7772 of 2007 COMMON ORDER: Since the de facto complainant and the crime in both the criminal petitions are one and the same, they heard together and are being disposed of by this common order. Petitioners in Crl.P.No.7408 of 2007 are accused Nos.7 to 9, whereas the petitioner in Crl.P.No.7772 of 2007 is accused No.11 in C.C.No.950 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad Petitioners in both the petitions approach this Court with a prayer to quash the proceedings against them in C.C.No.950 of 2007 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad, whereby they are facing charge for the offence punishable under Sections 498(A) IPC and 3 and 4 of the Dowry Prohibition Act. Heard both sides. The main contention raised by the learned counsel for the petitioners is that the petitioners are living separately and they married even prior to the marriage of the complainant and first accused concerned, and further submitted that there is no specific allegation in the complaint and the police are not investigated properly and they incorporated the verbatim of the complaint filed by the complainant herein, in the charge sheet. He further submitted that only three witnesses were examined and all of them are closely related to the complainant. This Court perused the record and also the charge sheet filed by the police. On perusal of the charge sheet, it is seen that even though it is incorporated on the basis of the complaint filed by the complainant, it is seen that all the accused living together as per the complaint. But as per the addresses given in the cause title, they are living separately. This Court is of the view that these are all the matters to be decided at the time of trial and this Court cannot conduct trial over the disputed facts and the petitioners are at liberty to raise all the points before the trial Court by way of cross-examination and to disprove the case of the prosecution. Hence, this Court is not inclined to quash the complaint at the stage. In any event, as the offence alleged against the petitioners arises out of matrimonial disputes, where the question of identity of the accused does not arise, the presence of the petitioners before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same and they shall be properly represented through their counsel before the court below. With the above observation, the Criminal Petitions are dismissed. Miscellaneous petitions filed in these criminal petitions, if any, shall stand closed. _______________ RAJA ELANGO, J. 24th March 2011, Rns.