THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRLMINAL PETITION No. 5860 OF 2009 ORDER: The petitioner is accused of offences punishable under Sections 498-A, 504, 323 I.P.C. in CC.No.1948 of 2000 on the file of VI Metropolitan Magistrate, Cyberabad at Medchal. The second respondent is the defacto complainant/victim, she being daughter-in- law of the petitioner. On perusal of copy of First Information Report in Crime No. 112 of 2000 of Alwal Police Station which was registered on referred private complaint filed by the second respondent before the Magistrate under Section 156(3) Cr.P.C. and also on perusal of allegations in the charge sheet filed by the police after investigation of that crime, this Court does not find any allegations touching either Clause (a) or Clause (b) of explanation to Section 498-A I.P.C. in this case. There is no suicide or injury to any limb of the second respondent resulting from the alleged harassment, in order to attract Clause (a). There is also no allegation of harassment of the victim for the sake of any dowry or additional dowry or presents either from her or from her parents or relations, as contemplated under Clause (b). Husband of the second respondent died on 12.11.1997 by committing suicide. According to the second respondent, her husband died due to harassment of his father who is the accused. Death of husband by suicide due to any harassment, will not attract offence punishable under Section 498-A I.P.C. Notice of this petition could not be served on the second respondent by the petitioner inspite of his best attempts by sending personal notices by registered post. It is stated by the petitioner’s counsel that after arriving at settlement with the petitioner, the second respondent left the family house and married again and has been living with her husband. On instructions, the Public Prosecutor stated that the second respondent married again and has been living with her present husband and her daughter. The petitioner filed copy of the settlement deed dated 08.05.2000 entered into between himself and the second respondent, wherein the second respondent stated that she settled disputes with the petitioner by receiving lumpsum of Rs.36,000/- towards permanent alimony for herself and Rs.25,000/- towards education and marriage expenses of her daughter. The second respondent’s present address is not known. Further, on perusal of charge sheet, I do not find any allegations making out offences punishable under Sections 504 and 323 I.P.C.. No medical evidence is forthcoming to substantiate the alleged offence under Section 323 I.P.C. This Court is of the opinion that continuation of the case of the year 2000 in the lower Court, would be abuse of process of law. In the result, the criminal petition is allowed quashing proceedings in CC.No.1948 of 2000 on the file of VI Metropolitan Magistrate, Cyberabad at Medchal. ______________________________ SAMUDRALA GOVINDARAJULU,J 29.11.2010 lvl THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRLMINAL PETITION No. 5860 OF 2009 Dt. 29.11.2010