THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.P.No.4521 of 2008 ORAL ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings in C.C.No.258 of 2008 on the file of the Additonal Judicial Magistrate of First Class, Chirala, Prakasam district registered for offences punishable under Sections 147, 149, 109, 420 and 500 IPC. The petitioners are A1 to A3 and the second respondent is the defacto-complainant in the calendar case. For the sake of convenience, the parties hereinafter referred to as arrayed in the calendar case. Before going into merits, it is necessary to note the brief facts of the prosecution case. The marriage between A1 and son of the complainant namely S.Rajasekhar was performed on 18.8.2006. Prior to the marriage, the son of the complainant was working as resident Doctor at Ernakulam and he resigned the said job due to pressure exerted by A1 and A3 and later joined in 108 EMRI Satyam Computers and thereafter A1 and A3 suspected whether he completed MBBS course or not. Thereafter, they ill-treated and pressed him to clean their utensils. In November, 2006 A1 along with her husband went to the house of the complainant and stayed there for two days and then she picked up quarrel with him and left the house. The son of the complainant waited for five months with a hope that she would change her attitude and also held mediations to get her back which proved futile. On 22.7.2007 at 4.30 a.m. A1 to A3 entered the house of the complainant and abused him in filthy language and bet him with hands and also kicked him and when he made hue and cry the villagers woke up and on seeing them, A1 to A3 fled away. Hence the complainant filed private complaint which was numbered as C.C.No.258 of 2008 on the file of the Court of Additional Judicial Magistrate of First Class, Chirala. It is the contention of learned counsel for A1 to A3 that even though it is alleged that the accused committed the offence punishable under Section 323 IPC, no medical record is filed before the Court and in fact if the accused caused any injuries to the complainant, he would have definitely taken necessary medical treatment, in which case, it is not difficult to him to file relevant medical record before the court, therefore the charge under Section 323 IPC goes and unless the main offence is established, there is nothing in the complaint against the accused and further there was a delay of two months in filing the complaint, which is fatal. On the other hand, the learned counsel for the complainant has submitted that sufficient grounds are there in order to prosecute A1 to A3 for the alleged offence. To attract the provisions of Section 323 IPC, there should be some evidence of causing injury to the complainant, but there is nothing to the effect that the complainant was referred to a Doctor for necessary examination and report and further it is also important that the complaint was filed with a delay of two months from the date of the alleged incident. Therefore, the offence under Section 323 IPC goes and leaving that apart, there is only Section 448 IPC to be considered. In any case, unless the main offence is there, the question of considering Section 448 IPC does not arise at all. There is no basis to say that any report was given to the concerned police for the purpose of taking necessary action against A1. In fact, there is another case in C.C.No.613 of 2008 on the file of III Metropolitan Magistrate, Cyberabad against the complainant in this case and others and the same is being disposed of today on the ground that prima facie case is not made out against the Accused therein. The circumstances of the case amply prove that the parties are more interested in filing false cases against each other on the ground of harassment. I am of the opinion, in the circumstances of the case that the continuation of the case is nothing but abuse of the process of law. For the foregoing reasons, the criminal petition is allowed and the impugned proceedings in the calendar case are quashed. ________________________ G.KRISHNA MOHAN REDDY, J Date: 23.9.2011 DA THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY Crl.A.No.1547 of 2007 .10.2011