THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 1714 OF 2009 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No.154 of 2009 on the file of the Additional Judicial Magistrate of First Class, Kurnool. 2. It is alleged in the charge sheet that, A.1 is homosexual. His family members A.2 to A.5 knew his habit. But, they suppressed the said fact before the first respondent/defacto complainant and her parents, and performed marriage of A.1 with the first respondent on 1.1.2005 representing that A.1 is good person and religious. After the marriage also, A.1 continued enjoying homo sex and started harassing the defacto complainant. On the pressure of father of the complainant (L.W.2), A.1 took the defacto complainant to Dubai where he was working. But, there also, he was enjoying homo sex with his colleagues and left her without proper care, and when she questioned about his attitude, he brought her back to India in September, 2007 and kept her without meeting her parents. When she questioned about the behaviour of A.1, the accused pushed her out from their residence. Hence, the complaint. 3. Heard both sides. 4. The learned counsel for the petitioners contended that there is no allegation whatsoever insofar as the petitioners herein, who are A.2 to A.5, with regard to cheating and therefore continuation of the impugned proceedings against them is nothing abuse of process of Court. 5. On the other hand, the learned counsel for the first respondent contended that the allegations in the charge sheet would make out a prima facie case for the offences alleged against the petitioners and hence, there are no grounds to quash the impugned proceedings. 6. There cannot be any dispute that inherent powers under Section 482 Cr.P.C. can be exercised when there is an abuse of process of Court or to secure ends of justice or to give effect to any order under the Code. The petitioners herein are A.2 to A.5 in the criminal case. At this stage, this Court is concerned with the allegations in the First Information Report, statements of witnesses and the charge sheet. If the allegations made out a prima facie case for the offences alleged against the petitioners, the question of quashing the proceedings in the criminal case does not arise. 7. The allegation is that the petitioners, knowing fully well that A.1 was a homo sexual, suppressing that fact, they gave false representation and made the defacto complainant and her relatives to believe the version of the petitioners that A.1 was a good person and religious, and performed marriage of A.1 with the first respondent/defacto complainant. Dishonest concealment of a fact is deception within the meaning of cheating. Therefore, the allegations made out a prima facie case of cheating and so the question of quashing the impugned proceedings does not arise. 8. The Criminal Petition is devoid of merit and is, accordingly, dismissed. ---------------- 29.7.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 1714 OF 2009 Date: 29.7.2010 Between: Ramija Bee & others …Petitioners And Umera Uzma & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 1714 of 2009 29.7.2010