IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE EIGHTH (8TH) DAY OF NOVEMBER TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.11097 of 2010 Between: M Kumar & 2 others … Petitioners And: Smt. M. Nirmala & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.11097 of 2010 ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash further proceedings in CC No.271 of 2002 on the file of XIII Additional Chief Metropolitan Magistrate, Nampally (Mahila Court), Hyderabad, against the petitioners-A.3 to A.5. 2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the 2nd respondent-State. Perused the record. 3. The first respondent is stated to be the second wife of A.1. On a complaint given by her, a case was registered for the offence under Section 498-A IPC. After investigation, police filed charge sheet. It is stated that A.1-husband and A.2 mother-in-law are no more. The third petitioner-A.5 is stated to be the first wife, 2nd petitioner-A.4 is the sister of first wife and first petitioner-A.3 is the brother of A.1. Previously, A.6 who is the brother of the first wife filed Crl.P.No.2204 of 2009 under Section 482 Cr.P.C. for quashing proceedings against him. By order dated 06.08.2010, the said petition was allowed on the ground that the offence under Section 498-A IPC would attract when a legally wedded wife is subjected to cruelty. Thus, according to the complainant, she was only the second wife. Hence, the question of her invoking the Section 498-A IPC does not arise. The present petition is squarely covered by the earlier orders passed in Crl.P.No.2204 of 2009. 4. In the circumstances, it is held that continuation of the proceedings against the petitioners-A.3 to A.5 at the instance of first respondent-complainant, who is admittedly second wife of A.1 are not sustainable and are liable to be quashed and they are accordingly quashed. 5. In the result, the criminal petition is allowed. ____________________ G.V.SEETHAPATHY, J Date: 08.11.2010 bss