HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.8768 OF 2010 DATE: 06.09.2010 BETWEEN: Wali Pasha .. Petitioner And State of A.P. and another ` .. Respondents HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.8768 OF 2010 ORDER: This Criminal Petition is filed by the petitioner/accused under Section 482 Cr.P.C. seeking to quash the proceedings in relation to FIR in Crime No.107 of 2008 of I Town Police Station, Nizamabad. I have heard the learned counsel for the petitioner, the learned counsel for the respondent No.2 and the learned Public Prosecutor for the State. The petitioner is the accused and the second respondent is the wife and three children were born out of their wedlock. The second respondent filed complaint before the Magistrate and the same was referred to the police for investigation under Section 156(3) Cr.P.C. Thereafter, the police basing on the said complaint registered a case in Crime No.107 of 2008 of I Town Police Station, Nizamabad. The learned counsel appearing for the petitioner would submit that there is no marital relationship between the petitioner and the second respondent since Talak was pronounced by him in the presence of elders on 11.04.2008 and he further submits that the allegations leveled in the complaint do not attract the ingredients of Section 498-A IPC. In the complaint petition, the second respondent alleged that the petitioner has a kept mistress and he wants to bring her to the matrimonial house and because of the said illicit relationship, the petitioner subjected the second respondent to cruelty continuously for the last two years by putting her under physical torture and mental agony. She also alleged in the complaint that she apprehends great danger to her life and to that of her children. As regards the factum of divorce by means of Talak, it has to be established by evidence during the course of the trial. Since the second respondent-wife is denying divorce, it is not possible for this Court to exercise discretion under Section 482 Cr.P.C. to arrive at a positive finding on the validity of pronouncement of Talak. The allegations mentioned in the complaint clearly attract the provisions of Section 498-A of IPC. For the reasons aforementioned, I absolutely see no grounds to quash the proceedings in Crime No.107 of 2008 of I Town Police Station, Nizamabad and consequently dismiss the criminal petition. _______________ R.KANTHA RAO,J Dated: 06.09.2010 kvrm HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.8768 OF 2010 DATE: 06.09.2010