HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13176 of 2010 ORDER: This Criminal Petition is filed by the petitioners-accused Nos. 1 to 3, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against them in Crime No.740 of 2010 on the file of P.S. Kushaiguda, Cyberabad, registered for the offence under Section 498- A IPC. Heard both sides. Learned counsel for the petitioners vehemently contended that no cruel act or incident is attributed to petitioners 2 and 3 and the ingredients of Section 498-A IPC are absolutely not traceable even by a thorough reading of the complaint. On perusal of the record, it is necessary to reproduce the complaint lodged by the 2nd respondent-defacto complainant as hereunder: “I, the undersigned, would like to bring to your notice that my husband Sri G. Chennakeshavulu is beating me regularly and not providing me with any finances towards the day-to-day maintenance of our family comprising of 3 girl children and myself because I did not bear a son for him and secondly that his sister could not be married to my brother. My husband Sri G.Chennakeshavulu, S/o Madanna, aged about 50 years, occupation:Director, ETDC, Kapra, Hydrabad, projects a rude behaviour with me and my children every time when his mother, sisters and brothers come from Kurnool. On 28th November, 2010 in between 6 pm and 7 pm my second daughter complained to me that her dad (i.e. my husband) took away her writing pens which were gifted to her by her friends. I requested my husband to give her pens back. My husband was unwilling to give them back and then started the quarrel and shouted on me by taking out the financial issues. He hit me hard and pushed me on to the dining table, wherein I fell down and my blood pressure became abnormal. When my children were weeping and pleading with him not to beat me, he pushed them away and went out of the house and never came back. So my children rang up to my house and informed my mother and brothers, who came to sort out the issue peacefully. On 28th Nov.2010 at about 9.30 pm my husband came back home, at that time we heard his car being parked and my children saw him from the top, but instantly he went back as he spotted my brother’s car which was parked outside the main gate. The next day I called up his office and they told me that he never came to the office also. When he is available on the phone nor he is therein the office, then where does he go? Is this the way a man treats his wife and children? On 29th Nov.2010, a fire occurred in our house in a mysterious manner. I was doing the household work and my three children were studying in the house, as they could not go to the school, due to their father’s absence. Suddenly, a towel which was kept for drying on the plastic chair outside caught fire and the whole left hand of the chair got melted, then I poured the water and put down the fire, my three daughters were witnesses to this. When my kids called my husband he just answered very coolly and said that it is ok. However, he never came back to even see as to what happened. I called the watchman and showed him as to how the fire had happened. My husband wants to see me dead. On 30th November,2010 morning, when I kept the door open at 6am to receive milk supply packets, and when I was inside the kitchen suddenly I felt someone entered the house and went off inside my husband’s room and locked it from inside. I got frightened, as my husband also was not there since two days. So I wanted to know who was inside, so I tapped the door but it was not opened. Therefore, I tried to break open the door. To my surprise my husband was sitting inside. When he saw me breaking open the door he called up the police as he did not want to inform us as to where he vanished for the past 48 hours. My husband is leaving the house and going away without informing any one of us and some times he comes after two months. I will not have money even for the basic amenities of me and my children. In the past also my husband was committing and abetting crime by getting me beaten up by this mother and brothers and then necking me out of the house. He is threatening to divorce me. I have been married in April 1998 and since Oct.1999 I was forced to approach the police to protect my life, my honor and my childrens’ lives. Till date his attitude towards me and my children has not changed. I even suspect that he has an extra-marital affair as he frequently stays away from us continually and does not take care of us. He has cut off all facilities in our house, like telephone, newspaper, cable TV, internet and is treating us worse than salves. My mother-in-law is a witch, therefore, my husband was told by the Malkajgiri P.S. in February, 2000 that my in-laws were not supposed to enter my house. Two persons by name Akkanna Raju and Sriramulu, who are also my brothers-in-law are helping her in achieving her evil designs. Therefore, I request you to book an FIR and provide me with a copy of the same.” A mere reading of the complaint clearly reveals that no offence is made out against petitioners 2 and 3 as rightly contended by the learned counsel. Hence, this Court is of the view that the proceedings in the crime in so far as petitioners 2 and 3 are liable to be quashed. Accordingly, the Criminal Petition is allowed in part and the proceedings initiated against petitioners 2 and 3 herein in Crime No.740 of 2010 on the file of P.S. Kushaiguda, Cyberabad, are hereby quashed. If the police intend to proceed with investigation into the crime against the 1st petitioner, it is left open to them. Miscellaneous Petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 28th February, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.13176 of 2010 (Partly allowed) 28th February, 2011 CBS