THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 8721 of 2009 ORDER: The present Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Crime No. 25 of 2007 on the file of the Police Station, Ibrahimpatnam, Karimnagar District. The application itself is misconceived since the police after investigation have filed a charge sheet in C.C.No.385 of 2007. The petitioner is the husband of the complainant. Therefore, when investigation is already completed and charge sheet is filed, the question of quashing of the F.I.R. in this case does not arise. However, it is the contention of the learned counsel for the petitioner that in C.C.No.385 of 2007, the other accused i.e. A-2 to A-6 were tried and they have been acquitted and, therefore, the further trial of the petitioner is not warranted and, therefore, the proceedings are to be quashed. The application is nothing but an abuse of process of law and it will not advance the cause of justice. The offence is one under Section 498-A of the Indian Penal Code, 1860 and the prime accused is the petitioner, against whom substantial charge has to be established. Merely because, A-2 to A-6 are acquitted, it does not mean that the conduct of the accused has been also considered and that he will be entitled for the benefit of the same evidence. There is no reason why the petitioner herein has avoided the process of law and did not participate in the trial. The learned counsel for the petitioner contends that in the evidence adduced by the complainant is of a general nature and, therefore, on the basis of the same no conviction can be expected against the petitioner. The contention is not well founded since the accused was no facing the trial. The particulars of the conduct of the petitioner and the nature of the crime committed by him might not have been elicited in the evidence of P.W.1, as the evidence was confined only to the trial against A-2 to A-6. Even otherwise, the evidence of the wife of the petitioner clearly goes to show that there was harassment and the demand for dowry and there was a threat against her. Therefore, it is not a case where the complainant’s evidence completely devoid of allegations of culpability of the petitioner. The petitioner has to face the trial and the learned counsel for the petitioner has relied on an order of this Court in Crl.P.No.11272 of 2010 dated 19.08.2011, which has no bearing to the facts of this case. Therefore, there are absolutely no grounds to quash the proceedings. The observations made in this order shall not influence the lower Court while conducting the trial against the petitioner. Accordingly, the Criminal Petition is dismissed. ________________________ N.R.L. NAGESWARA RAO, J Date: 13-10-2011 MR THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 8721 of 2009 DATE: 13-10-2011 MR