THE HON’BLE SRI JUSTICE R. SUBHASH REDDY Criminal Petition No.13600 of 2010 ORDER: 1 This Criminal Petition is filed under Section 482 of Cr.P.C seeking to quash the proceedings in Cr.No.295 of 2010 on the file of the P.S. Chikkadapalli, Hyderabad, which was registered for the offences punishable under Sections 417 and 493 of IPC based on the complaint filed by the 2nd respondent herein. The contents of the complaint filed in the aforesaid crime are extracted in the FIR, a copy of which is filed before this Court. 2 As evident from the complaint, it is the case of the 2nd respondent that she was brought to Hyderabad by her aunt and that she is eking her livelihood by working as a maid servant as well as doing tailoring work. It is stated in the complaint that while she was working as maid servant in H.No.1-2-4264 near Liberty, three students including the petitioner who are students joined in the said house as tenants and among them, the petitioner came into contact with her and had sexual intercourse with her promising to marry her and the same was continued for a period of three years. It is alleged that thereafter the petitioner deceived her and married another woman by name Sandhya and residing separately in a house bearing D.No.1-10-265 at Begumpet, Hyderabad and he resided in the said house up to the end of 2009 and thereafter his whereabouts are not known. 3 It is to be noticed that this complaint is filed on 20.07.2010. In this Criminal Petition, it is the case of the petitioner that though the case has been registered for the alleged offences punishable under Sections 417 and 493 of IPC, but, taking the contents of the complaint as it is, it does not attract any offence as complained. On the other hand, the learned counsel for the second respondent as well as the learned Additional Public Prosecutor contended that in view of the contents of the complaint made by the 2nd respondent, the matter requires investigation. 4 In the complaint there is no allegation of coercion for sexual intercourse by the petitioner. The complainant herself says that she came into contact with the petitioner in sexual intercourse and the same continued for a period of three years. Even according to her, after three years the petitioner married one Sandhya and was residing separately in house bearing D.No.1-10-265 at Begumpet, Hyderabad. As already stated above, this complaint is filed on 20.07.2010. With regard to the promise allegedly made by the petitioner, absolutely there is no material to show except the self serving statement of the 2nd respondent made in the complaint. Even if the contents of the complaint are taken as it is, it will not attract any of the offences as alleged under Sections 417 and 493 of IPC. Further, there is also no explanation for the abnormal delay in lodging the complaint by the 2nd respondent. Even according to the 2nd respondent, the petitioner, after having sexual intercourse with her for a period of three years, married another lady and shifted his residence and was residing in house bearing D.No.1-10-265 at Begumpet, Hyderabad up to the end of 2009 and thereafter his whereabouts are not known. So the 2nd respondent has knowledge that the petitioner married another lady and put up his residence at Begumpet and he lived there up to the end of 2009. But at no point of time during the said period, she made any complaint. There is no reason for not filing the complaint immediately after the petitioner married another lady by name Sandhya. It is only when the whereabouts of the petitioner are not known after the year 2009, the 2nd respondent lodged the present complaint that too on 20.07.2010. 5 In the absence of any complaint attracting the alleged offences, and in view of the abnormal delay in filing the present complaint, it appears the continuation of the proceedings in the present case is sheer abuse of process. Hence it is a fit case to exercise the power under Section 482 of Cr.P.C. and to quash the said proceedings. 6 For the aforesaid reasons, this Criminal Petition is allowed and the proceedings in Cr.No.295 of 2010 on the file of the Station House Officer, Chikkadapally P.S, Hyderabad registered for the offences punishable under Sections 417 and 493 of IPC are hereby quashed. ---------------------------- R.Subhash Reddy, J. 14.12.2011 Kvsn