THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4242 of 2010 ORDER: Petitioner approaches this Court by way of invoking the provisions under Section 482 Cr.P.C. to quash the proceedings against him in FIR.No.273 of 2009 of Mahabubnagar Rural Police Station, whereby he is arrayed as accused for the offence punishable under Sections 497 and 498 of IPC. Heard. Earlier this Court ordered notice to the respondent. Accordingly, the petitioner has taken notice. Even after service of notice also, none appeared on behalf of the respondent-complainant. The allegation against the petitioner herein is that the petitioner eloped with the wife of the de facto complainant and the complainant’s wife left the company of the complainant and leading adulterous life with her sister’s husband. The said complaint runs as follows: “Sir, I, Manzoor Ahmad, S/o.Sayed Mahabub, age:38 years, Caste: Muslim, Occ: Rayal Iman Police (Maskat) R/o.H.No.8-1-68, Teachers colony, Mahabubnagar, herein submitting that I married Asra Tabassum on 06.07.97. We have three daughters. In the month of December 2007 I went to Maskat and dropped my wife and children at her parents house. I return from maskat on 05.08.2009. My wife eloped with her sister’s husband Md.Sadiq, S/o.Babar R/o.H.No.5-4-85/F/19/1, Ramaiah Bowli, Mahabubnagar Town & District on 06.04.2009. My wife not get any divorce and have children and developed illegal relation with him. Sadiq also have not given any divorce to her wife and having illegal relation with my wife. My wife taken away 30 tulas gold and Rs.One lakh. Therefore, I request you to take action against those two persons.” On perusal of record, to attract an offence ‘adultry’ or an offence under Section 499 IPC the ingredients in the complaint are not made out and further the wife of the complainant herein already gave a letter to the Deputy Superintendent of Police, Rural, Mahabubnagar, in which she has stated that she is not living with any one and due to the harassment of the family members of the complainant and also the harassment of her husband, she is living separately and in order to tarnish her image, the present complaint is lodged. On perusal of the record, this Court is of the view that it is a case to be quashed. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.273 of 2009 of Mahabubnagar Rural Police Station are hereby quashed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ______________________ JUSTICE RAJA ELANGO 13th October 2011, Rns.