HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.589 of 2008 ORDER: Petitioners approach this Court with a prayer to quash the proceedings against them in C.C.No.1789 of 2007 on the file of the First Additional Munsif Magistrate, Warangal, whereby they are facing charge for the offence punishable under Section 498(A) of IPC. 2. Heard both sides. 3. The brief facts of the case are as follows: The first petitioner married K. Vani Devi on 28.06.2007. On the night of the same day, the first petitioner shocked to note that the said Vani Devi is suffering with mental illness. Though the first petitioner and the said Vani Devi separated, the said Vani Devi’s mother lodged a complaint on 18.07.2007 alleging that the petitioners herein caused cruelty by way of demanding dowry and also assaulted the said Vani Devi. On the basis of the said complaint, the present charge sheet is filed against the petitioners herein. 4. Now, the points for consideration as submitted by the learned counsel for the petitioners herein are that the date of marriage is on 28.06.2007. The very next day, the complainant’s daughter left the matrimonial home. Hence, the question of harassing and demanding dowry does not arise and further the said Vani Devi executed an agreement, dated 29.06.2007, which runs as follows: “Date 29.06.2007 Friday this agreement made and executed between Thummanapally Laxminarayana, Jagtial and Kokkonda Vani Devi, D/o. Late Veera Chandra Murthy of Warangal our marriage was solemnized on 28.06.2007. But, as I suffering from ill health and since suffering mental retardedness on the same day when I went to Jagtial to join my husband on the same night my ill health since been unearthed and physically seen by you and having pained with my aforesaid affairs decided to separate. Therefore going back by taking all belongings including gold. The above said agreement was signed by both the said Vani Devi and also her parents and further it is represented that the first petitioner herein already filed O.P.No.57 of 2007 to declare the marriage as null and void on 10.07.2007. It is further informed to this Court that the said suit was decreed in favour of the first petitioner herein. This Court perused the entire records and also the documents filed by the petitioners herein. Even after repeated notices sent by the petitioners herein, the same were not received by the respondent herein. On perusal of the record, it is evident that the said deed was executed on the very next day of the marriage and the said Vani Devi sent out to her parental house after execution of the agreement. In the absence of any further stay of the said Vani Devi with the first petitioner herein and also the fact that the competent civil Court has decreed the O.P. in favour of the first petitioner declaring his marriage with Vani Devi as null and void on account of the mental illness of Vani Devi, the present complaint filed by the respondent-complainant after filing of O.P.57 of 2007 on 10.07.2007 clearly indicates that it is filed only with an intention to wreck vengence against the petitioners herein and further the charge sheet filed by the investigation agency also does not disclose anything to show that the petitioners committed an offence, more particularly, offence under Section 498(A) IPC. Hence, the proceedings against the petitioners in C.C.No.1789 of 2007 are nothing but abuse of process of law. Hence, the proceedings in C.C.No.1789 of 2007 on the file of the I Additional Munsif Magistrate, Warangal, pending against the petitioners are hereby quashed. With the above observation, the Criminal Petition is allowed. Miscellaneous petitions filed along with the criminal petition, if any, shall stand closed. ________________ RAJA ELANGO, J. 24th February 2011, Rns.