IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6952 OF 2009 Between: Balina Narayana Murthy and three others. ..... PETITIONERS. AND Balina Nageswari and another. ..... RESPONDENTS. Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the grounds filed therewith, the High Court will be pleased to quash the proceedings in Crime No.235 of 2007, on the file of Station House Officer, Mogaltur police station,West Godavari District. The Petition coming on for hearing, upon perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of Mr. P. RADHA KRISHNA, Advocate for the Petitioners and of the Public Prosecutor on behalf of the second respondent, the Court made the following: HONOURABLE SRI JUSTICE G. BHAVANI PRASAD CRIMINAL PETITION NO.6952 OF 2009 ORDER: Heard Sri Polisetty Radha Krishna, learned counsel for the petitioners and Sri A. Ramesh, learned counsel, representing the learned Public prosecutor for the second respondent. No notice is being ordered to the first respondent as the matter is being disposed of at the stage of admission. Crime No.235 of 2007 on the file of Mogaltur police station, West Godavari District was registered on the written report of the first respondent under Sections 498-A and 34 of the Indian Penal Code. The written report on which the crime was registered made specific allegations against each of the accused and specific incidents were referred to in the said report ultimately culminating in the necking out of the first respondent and her children from the matrimonial home on 09-12-2007 and the further demand by all the accused for cash of Rs.1,70,000/- (Rupees one lakh seventy thousand only) when the father of the first respondent along with three elders requested the accused to take the first respondent and her children back. The petitioners claim the allegations to be false and the fourth petitioner who is the maternal uncle of the first accused is claimed to be not in any way connected with the family, the second and third petitioners claim to be residing separately from the first petitioner and the petitioners claim innocence of any offences. Thus, while the first respondent claims specifically, that the petitioners committed various culpable acts against her and her children amounting to prosecutable offences, the petitioners deny such allegations and claim to have been implicated in a false and fabricated case. Even according to the petitioners, the case is still under investigation since 22-12-2007 and the disputed questions of fact are better left open to be gone into and appreciated by the statutory investigating agency and if it were to file a report before the competent court, by the said court, as this Court cannot be converted into a forum for fact finding while exercising its inherent jurisdiction. The inherent jurisdiction available only in the rarest of rare cases has to be exercised with great care, caution and circumspection and not as a matter of course. Where the matrimonial disputes need to be probed into with reference to the truth or otherwise of the allegations and counter allegations, it will be unsafe and improper for this Court to indulge in any premature termination of the Criminal proceedings on summary conclusions. While the Criminal petition therefore appears to be unsustainable, Sri Polisetty Radha Krishna, learned counsel for the petitioners brought to notice that, the petitioners are on bail but still the Court of the Additional Judicial Magistrate of First Class, Narasapur, West Godavari District, is insisting on the physical and personal presence of all the petitioners, for all the dates of hearing, posting the matter at least once in a month. The learned counsel stated that, if the investigating agency concludes investigation and files charge sheet before the Court, the petitioners will undoubtedly submit themselves to the further proceedings and in the meanwhile, their personal appearance may be exempted. Therefore, the Criminal Petition is dismissed but, the personal appearance of the petitioners before the Court of Additional Judicial Magistrate of First Class, Narsapur, West Godavari District, in Crime No.235 of 2007 of Mogaltur police station is dispensed with until issuance and service of summons on the petitioners, if any police report under Section 173(2) of the Code of Criminal Procedure is filed against the petitioners before the said Court and is taken on file against them. ____________________ G.BHAVANI PRASAD, J Date:02-09-2009. Dsh.