THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 67 of 2009. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in P.R.C.No. 115 of 2008 on the file of the Additional Judicial First Class Magistrate, Karimnagar. I have heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the 1st respondent and also the learned Additional Public Prosecutor representing the State. Brief facts of the case are that the marriage of the 1st respondent with the 1st petitioner was performed in the year 2003 and their marriage was a love marriage. After the marriage, both of them lived happily for about a year and thereafter, it is alleged that the petitioners started harassing her to bring money towards dowry and also abusing her in the name of her Caste. Basing on the report lodged by the 1st respondent, the police, II Town Police Station, Karimnagar registered a case in Cr.No. 164 of 2008 and after investigation, charge sheet was filed against the petitioners for the offences under Sections 498-A IPC, under Sections 3 and 4 of Dowry Prohibition Act and under Section 3 (i) (x) of the SC/ST (POA) Act and the same was numbered as PRC.No. 115 of 2008. The fact that the 1st respondent belongs to Scheduled Tribe (Lambada) is known to the petitioners and that fully knowing that the 1st respondent is a Tribal woman, the 1st petitioner loved and married her. Therefore, the allegation that the petitioners abused her in the name of her Caste appears to be devoid of any truth. It is not out of place to say that the provisions of the SC/ST (POA) Act are being misused quite often. In cases where false complaints are filed under SC/ST (POA) Act, it is the duty of the Courts dealing with such cases to curb them if ex facie the allegations appear to be untrue. Otherwise, innocent people will be subjected lot of agony and hardship in facing grave charges. Considering the facts and circumstances of the case, I am of the view that the allegation in so far as the commission of the offence under Section 3(i) (x) of SC/ST (POA) Act appears to be untrue. Therefore, the accusation (charge) under Section 3 (i) (x) of SC/ST (POA) Act is liable to be quashed. Accordingly, the offence under Section 3(i) (x) of SC/ST (POA) Act is quashed. The learned Additional Judicial First Class Magistrate,Karimnagar is directed to delete the said offence against the petitioners and convert the PRC 115 of 2008 into Calendar Case and proceed with trial of other offences. However, it is made clear that the learned Magistrate, Karimnagar without being influenced by any of the observations made by this Court while disposing of this criminal petition shall proceed with the trial of offences under Sections 498-A IPC and 3 and 4 of Dowry Prohibition Act and dispose of the case, in accordance with law. With the above direction, the criminal petition is disposed of. _______________________ R.KANTHA RAO,J 11.11.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 67 of 2009. ORDER: DT. 11.11.2010.