HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2452 OF 2007 DATE:09.06.2010 Between: N. Raghavendra @ Raghu and 2 others …….Petitioners And: State of AP., rep. by PP and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2452 OF 2007 ORDER: The petitioners 1 to 3/A-1 to A-3 are accused of offences punishable under Sections 498-A, 406 IPC and Sections 4 and 6 of the Dowry Prohibition Act in C.C.No.372 of 2005 on the file of the XXII Metropolitan Magistrate (Mahila Court), Hyderabad. This case must be now pending in the court of XIII Additional Chief Metropolitan Magistrate, Hyderabad after its re- designation. A-1 is husband of the 2nd respondent/defacto-complainant. A-2 and A-3 are parents of A-1. Apart from merits of the case, the petitioners’ counsel filed copy of order dated 18.09.2007 passed by the Judge, Family Court, Hyderabad in F.C.O.P.No.826 of 2005, by which the Family Court allowed the said petition declaring that marriage between the 1st petitioner and the 2nd respondent solemnized on 02.06.2004 as null and void. The petitioners’ counsel states that the 2nd respondent did not file any appeal against the said order in F.C.O.P.No.826 of 2005 and that no proceedings in that matter are pending and that the said order became final. In view of the said order of nullity of marriage passed by the Family Court, Hyderabad, this Court is of the opinion that offences punishable under Section 498-A IPC and Sections 4 and 6 of the Dowry Prohibition Act do not survive for consideration as it is deemed that there is no marriage between the 1st petitioner and the 2nd respondent from the beginning. In so far as offence punishable under Section 406 IPC is concerned, having regard to specific allegations of entrustment and retention of the properties amount belonging to the 2nd respondent, this Court does not find any reason to quash the proceedings in respect of that offence. In the result, the petition is partly allowed quashing proceedings in so far as the offences punishable under Sections 498-A IPC and Sections 4 and 6 of the Dowry Prohibition Act are concerned. The petition is partly dismissed in respect of the offences punishable under Section 406 IPC is concerned in lower court. ____________________________________ SAMUDRALA GOVINDA RAJULU,J. Date:09.06.2010. GK. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2452 OF 2007 Date:09.06.2010 Gk.