THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.8171 OF 2009. DATED: 08-10-2009. Between: Smt. Nazeerunnisa Begum … Petitioner/ A5 and 1. State of A.P. rep by Public Prosecutor, High Court of A.P., Hyderabad and another. …Respondents/Complainants THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO. 8171 OF 2009. ORDER: This Criminal Petition by the petitioner-A5 under Section 482 Cr.P.C. is filed to quash the proceedings in Cr.No.73 of 2003, on the file of Hussainialam Police Station, Hyderabad, 2. It is alleged that the mother of the complainant is in search of good-looking girl for the complainant. A2 after coming to know about this fact, conspired with the other accused and approached the complainant’s mother. A1, A2 and A6 represented that A6 was unmarried and they are ready to give her to the complainant. On seeing A6, mother of the complainant selected her for the complainant. At that time, A1 and other accused represented that they are having no amount to perform the marriage. Then mother of the complainant advanced a sum of Rs.50,000/- as loan to A1. Thereafter, the marriage was performed with the complainant on 09-08-2002 as per Muslim Personal Law. In the marriage, A1 acted as Vakil of the bride i.e., A6 and A4 and A5 acted as witnesses. All the accused represented the Qazi that the marriage of A6 with the complainant is the first marriage and in the marriage certificate also, it was mentioned that it is the first marriage of A6. Hence, the complaint. 3. Learned counsel appearing for the petitioner-A5 contended that the marriage of A6 with another person was not misrepresented to the complainant, that due to some misunderstandings or communication gap, the Qazi who performed the marriage of the complainant with A6 might have noted in the certificate that it was the first marriage, that the complainant and other family members new about the earlier marriage of A6 with another person and obtaining divorce by A6 from her earlier husband and hence, continuation of proceedings is nothing but abuse of process of Court. 4. There cannot be any dispute that if the allegations in the complaint do not make out prima facie case of the offences alleged, then only question of quashing the proceedings arises. When the allegations made out cognizable offence, it is the statutory duty of the police to conduct investigation and that statutory duty cannot be curtailed. The allegation in the complaint is that suppressing the earlier marriage of A6 with another person, marriage of A6 with the complainant was taken place and in the marriage certificate issued by the Qazi, it was noted as first marriage of A6. Suppression of a material fact is a deception within the meaning of Section 415 IPC. In this case, suppression of material fact is performance of A6’s marriage with another person. Whether A6 and her family members suppressed the fact or not or whether the complainant knows about the earlier marriage of A6 with another person or not, are the facts which have to be decided and determined basing on the evidence available on record. Since the allegations made out prima facie case of the offences alleged, question of quashing the proceedings does not arise. 5. Accordingly, the Criminal Petition is dismissed. -------------------- K.C.BHANU, J DATED: 08-10-2009 Hsd