THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.9739 of 2011 ORDER: Petitioner approached this Court with a prayer to quash the proceedings initiated against him in Crime No.84 of 2011 on the file of Kalidindi Police Station, Krishna District, registered for the offences punishable under Sections 498-A, 341, 506 read with Section 34 IPC. Learned counsel for the petitioner submitted that prior to lodging of the present complaint, the de facto complainant/2nd respondent herein lodged a complaint on 30.03.2011 before Avanigadda Police Station and the same was registered as Crime No.45 of 2011. After completion of investigation in the said Crime No.45 of 2011, the police filed the charge sheet before Additional Judicial First Class Magistrate, Avanigadda, and the same was numbered as C.C.No.213 of 2011 for the offence punishable under Section 498-A read with Section 34 of IPC against the petitioner herein and his mother and sister. Learned counsel further submitted that in the present complaint, nothing is stated regarding cruelty to attract the offence punishable under Section 498-A IPC. Further, when a case in C.C.No.213 of 2011 on the file of Additional Judicial First Class Magistrate, Avanigadda, is pending against the petitioner for the offence punishable under Section 498-A IPC, registration of the present complaint against the petitioner again for the offence punishable under Section 498-A is erroneous, as such, the same is liable to be quashed. Perused the present complaint and the entire material placed on record. Admittedly, for the offence punishable under Section 498-A IPC, already a case in C.C.No.213 of 2011 on the file of Additional Judicial First Class Magistrate, Avanigadda, is pending against the petitioner. Further, the present complaint does not disclose the ingredients of the offence punishable under Section 498-A IPC since the de facto complainant has been living separately after filing of the charge sheet in the earlier complaint. The allegations in the present complaint are that on 25.07.2011, when the de facto complainant was going to school in an auto, the petitioner along with one Elia followed her and abused her in filthy language and also threatened her that if she will not give divorce, they will kill her by pouring acid. It is further alleged that on the same day i.e., on 25.07.2011, two other persons, at the instigation of the petitioner, abused the de facto complainant in filthy language and also they tried to snatch away her handbag. It is also alleged that even on 29.07.2011, the petitioner along with some other persons followed the de facto complainant and abused her in filthy language. In view of the above circumstances, this Court is of the view that registration of the present crime for the offence punishable under Section 498-A is erroneous in law and the same is hereby quashed. So far as the other offences i.e., 341 and 506 read with Section 34 IPC is concerned, it is left open to the respondent police to proceed with the investigation and file the charge sheet either way after completion of investigation. Accordingly, this Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 12.10.2011 v v