THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.5315 of 2008 Dated:15.07.2010 Between: S.Nasir Ali, And others. ….Petitioners And State of A.P., Represented by Public Prosecutor, High Court of A.P., Hyderabad, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CRIMINAL PETITION No.5315 of 2008 ORDER: The first petitioner is the husband and petitioner Nos.2 and 3 are parents-in-law of the second respondent. The marriage of the first petitioner with the second respondent was performed on 10.02.2005. A year and half thereafter the couple were blessed with a female child. The petitioners allege that the second respondent was prosecuting BHMS at Tirupati. Therefore, she was staying with her parents there. As she was not discharging marital duties towards the husband and parents-in-law, the first petitioner divorced her on 22.04.2007 and obtained a certificate dated 03.11.2007 from the Andhra Pradesh Wakf Board. On 21.04.2008 the second respondent lodged a report with Mahila P.S., Anantapur under Section 498A of the Indian Penal Code, 1860 (IPC), alleging that at the time of marriage her parents gave Rs.3,00,000/- as dowry, that in June 2005 when her father retired petitioners 2 and 3 demanded more amount and harassed her to achieve their object. She also alleged that her husband was working as Hotel Manager in London, and therefore, she was left to the care of parents-in-law who were regularly harassing her and that her husband also demanded dowry. Counsel for the petitioners submits that the marriage of the first petitioner with the second respondent ended in divorce, and therefore, the complaint under Section 498A of IPC would not lie. This is the question of fact on law, which has to be decided after the criminal trial. Further, the Public Prosecutor submits that after investigating the offence, Police have filed charge sheet on 16.07.2008 and a case is also registered as C.C.No.469 of 2008. This criminal petition was filed on 20.08.2008. The case is filed for quashing the investigation in the crime, and now that the investigation is completed and criminal Court is seized of the case, it is not proper to quash the investigation. Liberty is given to the petitioners to raise all their defenses in the lower Court. The Criminal Petition is accordingly dismissed. __________________ (V.V.S.RAO, J) 15.07.2010 vs