THE HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No. 2609 OF 2007 Date: 05-08-2010 Between Ragyari Seetha Ramaiah and nine others …..Petitioners And Karveti Nagaram Manjula Devi and another …..Respondents THE HON’BLE SRI JUSTICE A. GOPAL REDDY CRIMINAL PETITION No. 2609 OF 2007 ORDER: The petitioners who are A-1 to A-10 in C.C No. 13 of 2007 on the file of the Judicial First Class Magistrate, Vayalpad for the offence under Section 498-A IPC filed this petition under Section 482 Cr.P.C to quash the proceedings initiated against them. It is stated that A-1, A-4, A-6 and A-8 are sons of A-2 and A-3. A-5 is the wife of A-4. A-7 is the wife of A-6. A-8 and A-10 are daughters of A-2 and A-3 and sisters of A-1. A-1 is the husband of the defacto complainant, the 1st respondent herein whose marriage was performed on 25-03-1995 as per the caste custom. According to the petitioners, A-1 to A-5, A-8 and A-10 are residents of Vayalpad, A-6 and A-7 are residents of Siddavaram and A-9 is the resident of Mekala Chinnepalle. On the complaint lodged by the defacto complainant, a case in Crime No.14 of 2006 of Vayalpad Police Station for the offence under Section 498-A IPC was registered and investigated by the police. During the course of investigation, the police examined LWs 1 to 9 and as per their statements, A-11 and A-12 have not participated in the commission of the offence as alleged in the complaint and hence their names have been deleted and charge sheet was laid against A-1 to A- 10 for the offence under Section 498-A IPC. According to the petitioners, A-2 and A-3 are the father and mother of A-1 aged about 81 and 76 years. A-4, A-6 and A-8 are the brothers of A-1. A-9 and A-10 are sisters of A-1. A-4 is working as a Secondary Grade Teacher and A-6 as a Post Graduate teacher in Maths at A.P Residential School for Boys, Garampally. A-8 is an advoate. A-9 is working as Head Mistress, Z.P High School, Mekala Cheruvupalli, H/o Chowdepalli. A-10 is working as lecturer and residing at Madanapalle. A-7 is the wife of A-6. Learned counsel for the petitioners contends that except bald allegation that the accused harassed the complainant, no specific overt acts are attributed against A-2 to A-10, that they are living separately from A-1 and have been implicated falsely in the proceedings. Hence, the proceedings initiated against A-2 to A-10 is abuse of process of law and the same are liable to be quashed. From the record, it is clear that initially the complaint was registered against A-1 to A-12. The Investigation Officer investigated into the matter and examined LWs 1 to 9. As none of the witnesses spoke about the participation of A-11 and A-12 in the commission of the offence, he laid charge sheet against A-1 to A-10 which clearly discloses that their participation has been spoken to by LWs 1 to 9 whose evidence has not been furnished to substantiate the contention that they have been falsely implicated in the commission of the offence. In view of the same, the proceedings against A-2 to A-10 cannot be quashed, but their presence on all the dates can be dispensed with. Accordingly, the presence of A-2 to A-10 is dispensed with, except when they are examined under Section 313 Cr.P.C on the incriminating evidence adduced against them and thereafter, on their furnishing personal bonds for a sum of Rs.5,000/- each to the satisfaction of the learned Magistrate. The criminal petition is accordingly disposed of. A. GOPAL REDDY, J 05-08-2010 ks