THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3561 of 2011 21st April, 2011 Between :- P. Kishore and others .. Petitioners And The State of Andhra Pradesh, Rep. Through WPS, Begumpet, rep. By Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3561 of 2011 ORDER:- The petitioners herein are A.1 to A.4 in C.C.No.1226 of 2010 on the file of the XV-Additional Chief Metropolitan Magistrate, Hyderabad, with a prayer to quash the proceedings therein. The 2nd respondent herein presented a complaint against the petitioners alleging that she has been harassed on the ground of additional dowry. Further accusation has been made that the petitioners went to the extent of causing harm to her and her child, aged about eight months. Indeed, earlier the 2nd respondent filed a report which was the subject matter in Crime No.3 of 2007 and the said report came to be closed because of the intervention of the elders. Even after her rejoining with the petitioners, the petitioners continued to harass her, which compelled her to present a report on 3-7-2007 before the Station House Officer, WPS, Begumpet. Thereupon, the Station House Officer, WPS, Begumpet, registered a case in Crime No.97 of 2007 for the offence under Section 498-A of I.P.C. After due investigation, a charge-sheet came to be filed before the VIII-Additional Chief Metropolitan Magistrate, Hyderabad. The learned VII-Additional Chief Metropolitan Magistrate took the charge-sheet on file C.C.No.35 of 2008. Subsequently, the case came to be transferred to the file of XV-Additional Chief Metropolitan Magistrate, Hyderabad, and renumbered as C.C.No.1226 of 2010. Hence, this application by the petitioners. Heard learned Counsel appearing for the petitioners and perused the material placed on record. Learned Counsel appearing for the petitioners submits that the 2nd respondent filed O.P.No.1129 of 2008 before the Judge, Family Court, Ranga Reddy District, at L.B.Nagar, Hyderabad, seeking divorce and ultimately the said O.P. ended in dismissal on 1-12-2008. A further submission has been made that the 2nd respondent dissatisfied with the dismissal of O.P.No.1129 of 2008, resorted to file a report before the police against the petitioners so as to harass them and, therefore, continuation of proceedings in C.C.No.1226 of 2010 on the file of the XV-Additional Chief Metropolitan Magistrate, Hyderabad, amounts to abuse of process of the Court. I have gone through the charge-sheet filed by the Inspector of Police, WPS, Begumpet, in Crime No.97 of 2007. The 2nd respondent has stated of her filing earlier complaint and also the compromise thereupon. It is the specific case of the 2nd respondent that even after rejoining with the 1st petitioner consequent on withdrawal of her earlier complaint, the petitioners continued to harass her and her child, aged about 8 months. Being not able to put up with the harassment, she returned to her parental home and presented a report before the WPS, Begumpet. The police after due investigation, filed the charge-sheet. The version of the 2nd respondent has been supported by two more witnesses examined during the investigation. Therefore it is not a fit case to quash the proceedings in C.C.No.1226 of 2010 on the file of the XV-Additional Chief Metropolitan Magistrate, Hyderabad. It is contended by the learned Counsel appearing for the petitioners that though the proceedings have been pending in Court for the last three years, the 2nd respondent has not chosen to appear herself to give evidence. Such is the representation, I deem it appropriate to direct the learned XV-Additional Chief Metropolitan Magistrate, Hyderabad, to expedite the trial in C.C.No.1226 of 2010 and dispose of the same as early as possible preferably within two months from the date of receipt of the copy of this order. The Criminal Petition is accordingly dismissed. _________________________ B.Seshasayana Reddy, J 21st April, 2011 smr NOTE: Copy to XV-Additional Chief Metropolitan Magistrate, Hyderabad