HONOURABLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRL.P.No.1176 of 2009 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to quash proceedings in C.C.No.2 of 2009, registered for offences punishable under Sections 498-A and 494 IPC read with Section 34 IPC, on the file of the Court of Judicial Magistrate of First Class/Special Mobile Court, Khammam. 2. The point for consideration is whether the sufficient grounds are there to quash proceedings against the accused. 3. The prosecution version is as follows: A-1 in the case is the husband of the de facto complainant in the case, A-2 and A-3 in the case are the father and brother of A-1, and A- 4 in the case is the 2nd wife of A-2 and A-5 in the case is the wife of A- 2. The marriage of the de facto complainant with A-1 took place on 06- 03-1992 at Kusumanchi village. At the time of marriage, A-1 was given an amount of Rs.3.00 lakhs towards dowry and A-1 to A-3 and A-5 were given household articles. After living happily for sometime and giving birth to a child, disputes arose between A-1 and the de facto complainant. A-1 started demanding dowry and harassing the de facto complainant in that context. A-1 to A-3 were residing separately from A-1 and the de facto complainant, but within same compound. A-2, A-3 and A-5 used to come to the house of A-1 and the de facto complainant and abuse the de facto complainant in filthy language and were encouraging A-1 to give divorce to the de facto complainant. A-1 used to come to the house lately every day in an intoxication condition which was supported by A-2, A-3 and A-5. Later the de facto complainant came to know about illegal intimacy between A-1 and A-4. A-1 was staying in the house of A-4 and was coming to the matrimonial house weekly twice or thrice. When the de facto complainant questioned about it, A-1 to A-5 beat de facto the complainant indiscriminately and necked her out. Finally, in the month of March 2006, A-1 went to her house in fully drunken state, along with A-2, A-3 and A-5 and shouted against the de facto complainant and beat the de facto complainant indiscriminately. Further, later there was mediation and settlement between the parties with regard to properties before mediators. Further, however, A-3 conveyed some part of the properties in the name of A-4’s son under a registered sale deed clearly mentioning A-4 as his wife. Further, in fact, A-1 married A-4 illegally in active collusion with A-2 and A-3. Thereafter, the de facto complainant approached the police and gave a report but the police did not take any action against the accused, and hence, she was forced to file private complaint, which was forwarded to the police under Section 156 (3) Cr.P.C., on the basis of which, the case was registered by the police. 4. The learned counsel for the accused has contended that there are no specific allegations against A-2, A-3 and A-5 in the calendar case, and further A-2 is aged 75 years to believe his participation in the offence and hence, the proceedings against those accused are to be quashed. 5. On the other hand, it is contended on behalf of the complainant that there are specific allegations against A-2, A-3 and A-5, and hence, necessary trial has to be conducted against them also. 6. Having gone through the record, I see that there are specific allegations against A-2, A-3 and A-5. Pertinently, A-5 is only the co- sister of the de facto complainant to uphold the prosecution claim so far as she is concerned prima facie. Taking into consideration the circumstances of the case, I am inclined to quash the proceedings so far as A-5 is concerned and the proceedings shall go on against A-2 and A-3 because there are specific allegations against them which require necessary prosecution of them. 7. Accordingly, the Criminal Petition, in so far as A-5 is concerned, is allowed, and in so far as A-2 and A-3 are concerned, is dismissed. It is also observed that as A-2 is aged 75 years, his presence is dispensed with before the trial Court till the commencement of the trial of the case. ____________________________ 30th November 2011 G.KRISHNA MOHAN REDDY,J kvr