THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.1099 OF 2009 ORDER: No representation. The petition is filed to quash the proceedings in Calendar Case No.2302 of 2008 on the file of the V Additional Judicial Magistrate of I Class, Kakinada, on the ground that for the similar allegations earlier the accused was tried and he was convicted, but ultimately, the conviction was set aside. For the same allegations, the present calendar case is said to have been filed. The offence is one under Section 498-A of the Indian Penal Code (for short, 'IPC'). Evidently, the allegations in the earlier charge sheet in C.C.No.15 of 1990 on the file of the Sub Divisional Judicial Magistrate, Yanam, which was said to have been tried and the accused was convicted relates to the allegations prior to 1990. Whereas the allegations in the present complaint refers that in 1995 there was a compromise and thereafter, the wife joined the petitioner and lived with him and thereafter, the offence is said to have been committed. Therefore, in view of the above circumstances, it cannot be stated that the earlier acquittal relates to the same offence alleged in the present case. However, if such evidence is there, the Court can consider the same at the time of trial. At this stage, there are no grounds to quash the criminal proceedings as the petitioner is said to have caused hardship to the wife after she joined ending the earlier criminal complaint and the differences. Accordingly, the Criminal petition is dismissed. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:23-11-2011 INL