THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2204 OF 2009 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No.271 of 2002 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad. 2. Heard both sides. 3. The petitioner herein is A.6. As seen from the allegations in the charge sheet, the defacto complainant, who is no other than second wife of A.1, lodged the complaint against the present petitioner, who is no other than brother of first wife. The offence under Section 498A I.P.C. would attract when a legally wedded wife is subjected to cruelty. The allegations in the charge sheet would go to show that A.1 was already married to one Venkata Tayaru, but that fact was not disclosed to the complainant and therefore her marriage was solemnized. On her own showing, when she is the second wife, the question of invoking the Section 498A I.P.C. does not arise. Hence, continuation of the proceedings against the petitioner for the offence punishable under Section 498A I.P.C. is nothing but abuse of process of Court. 5. The Criminal Petition is, accordingly, allowed. The proceedings in C.C. No.271 of 2002 on the file of the XIII Additional Chief Metropolitan Magistrate, Hyderabad are quashed. ---------------- 06.8.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2204 OF 2009 Date: 6.8.2010 Between: Ch.Mallikarjuna Rao …Petitioner And M.Nirmala & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2204 OF 2009 6.8.2010