HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1421 OF 2007 Date: 03.02.2010 Between: K.Padmavathi and another ……Petitioners And: The State of A.P., rep. by the PP and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1421 OF 2007 ORDER: This petition is filed by the accused Nos.1 and 2 (A-1 and A-2) under Section 482 Cr.P.C., for quashing F.I.R in Crime No.18 of 2007 of Osmania University police station, Hyderabad relating to offences punishable under Sections 464, 465, 466 and 468 I.P.C. The 1st petitioner (A-1) and the 2nd respondent are wife and husband. They have two children by names Akhil and Sruthi. There was plethora of litigation between the 1st petitioner and the 2nd respondent. Criminal case in C.C.No.714 of 2004 was filed by the 2nd respondent against A-1 and A-2 alleging offence punishable under Section 497 I.P.C., A-1 filed O.P.No.161 of 2004 for divorce and the 2nd respondent filed O.P.No.760 of 2004 for restitution of conjugal rights in the Additional Family Court, Hyderabad. Both the said O.Ps., were enquired and disposed of together by common order dated 29.12.2005 granting divorce and refusing restitution of conjugal rights. Interim petition for custody of the children filed by the 2nd respondent was dismissed giving liberty to him to take children twice in a year during holidays. The 2nd respondent filed F.C.A.No.20 of 2006 questioning granting of divorce by the Family Court. While so, the 2nd respondent filed private complaint before the then IV Metropolitan Magistrate, Hyderabad against A-1 and A-2 alleging the above said offences. The Magistrate forwarded the complaint to the police under Section 156(3) Cr.P.C., for investigation and report; and thereupon the police registered the complaint as case in Crime No.18 of 2007. It is alleged by the 2nd respondent in the complaint that A-1 and A-2 tampered school records relating to his children and got “bonafide certificates” mentioning A-2’s name as father of both the children. In fact “bonafide certificates” were filed during enquiry in the Additional Family Court, Hyderabad in O.P.Nos.760 of 2004 and 161 of 2004. It can be seen that none of A-1 and A-2 prepared those records relating to “bonafide certificates”. The certificates were issued by the Principal of Gowtham Model School, Kakatiyanagar, Habsiguda, Hyderabad. It can be seen in the common order of the Additional Family Court that Principal of Gowtham Model School, Kakatiyanagar, Habsiguda, Hyderabad gave letter dated 15.06.2005 to the effect that in school records father’s name was not mentioned for both the children and that only mother’s name was mentioned for both the children and that the mother was asked to furnish dates of birth certificates relating to the children and that since one person who claimed his name as Ravi Krishna (A-2) came to school on 02.08.2005, the school clerk after conducting normal interrogation believed that person to be father of both the children and issued “bonafide certificates” on oral request of the 2nd respondent himself. Thus, there is no forgery or tampering of original school records with regard to father’s name of both the children. Even in “bonafide certificates” issued by the school authorities, there was no tampering as such. When there is no forgery or fabrication of school records or “bonafide certificates”, it cannot be said that any of the above penal provisions of law are attracted in this case. It is not as if any of A-1 or A-2 caused any person to alter any document. Further, the 1st petitioner/A-1 and the 2nd respondent compromised their disputes in courts and entered into memorandum of compromise and filed the same in F.C.A.No.20 of 2006 in this Court. Perhaps for that reason, the 2nd respondent and his counsel did not show any interest in attending the Court in this petition and to oppose this petition. Thus, in any view of the matter, this crime has no legs to stand. In the result, the petition is allowed quashing F.I.R in Crime No.18 of 2007 of Osmania University police station. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:03.02.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.1421 OF 2007 Date: 03.02.2010. Gk.