IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERAAD TUESDAY, the 7th day of June, 2011 Present: Hon’ble Sri Justice N. Ravi Shankar Crl.P.No. 4098 of 2011 Between: Rayavarapu Joga Phaneendra …Petitioner and Rayavarapu Krishna Kumari and another …Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRL.P.No. 4098 of 2011 O r d e r: This petition under section 482 Cr.P.C. is to quash the proceedings in C.C.No. 61 of 2011 on the file of court of learned Additional Judicial Magistrate of First Class, Tiruvuru, Krishna District. The offence alleged one punishable under section 498-A IPC. It is no doubt true that the statement of the de facto complainant shows that she is earlier married to one person and begot two male children through him, subsequently deserted him and married the petitioner herein about twelve or thirteen years back and they lived like wife and husband. 2. The prosecution version is that the petitioner is the husband of the de facto complainant, whereas the petitioner denies it. It may be noted that even if there is no legal matrimonial tie, still if the parties live together like husband and wife S. 498-A IPC can be applied. However, the question whether the petitioner is the husband or whether offence under section 498-AIPC is made out or not is to be decided on evidence and not in this petition. In the circumstances there are no reasons to admit this petition and it is accordingly dismissed. 3. Learned counsel for the petitioner urged that the presence of the petitioner may be dispensed with on every date of hearing before the trial court. This relief cannot be granted as the petitioner is the main accused. It shall be open for him to make an application before the trial court for that relief. _____________________ N. RAVI SHANKAR, J. June 7, 2011. *BVS