THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4894 of 2009 AND CRIMINAL PETITION No.6095 of 2009 DATED: 10.02.2011 CRIMINAL PETITION No.4894 of 2009 BETWEEEN: 1. M.A.Aziz, S/o.M.A.Qayyum & 5 others … Petitioners/Accused AND 1. The Sub-Inspector of Police … Respondent 2.Mohd.Abdul Samad, S/o.Mohd Abdul Lathief …Respondent/Complainant CRIMINAL PETITION No.6095 of 2009 BETWEEEN: 1. M.A.Samad, S/o.M.A.Latheer & 4 others … Petitioners AND 1. State of Andhra Pradesh through Public Prosecutor & another … Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4894 of 2009 AND CRIMINAL PETITION No.6095 of 2009 COMMON ORDER: In Criminal Petition No.4894 of 2009, the 1st petitioner is father, the 2nd petitioner is mother, the 4th petitioner is brother, the 5th petitioner is sister of Wasim Banu. The 6th petitioner in Crl.P.No.4894 of 2009 is husband of the 5th petitioner in Crl.P.No.6095 of 2009, the 2nd petitioner is father, the 3rd petitioner is mother, the 5th petitioner is sister and the 4th petitioner is brother-in-law of M.A.Samad. Marriage of M.A.Samad with Wasim Banu took place on 20.02.2002. Subsequently, there was separation between the parties. At the instance of Wasim Banu, the Ramagundam Police filed charge sheet in the Court of Judicial Magistrate of the First Class, Godavarikhani for offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act against M.A.Samad and five of his family members. Further, Wasim Banu filed DVC No.17 of 2009 on the file of Prinicipal Judicial Magistrate of the First Class, Mancherial, against M.A. Samad and three of his family members. In DVC No.17 of 2009, Mancherial Court passed interim protection order under Section 18(a), interim monetary relief under Section 20(d) of the protection of women from Domestic Violence Act, 2005 by order dated 02.03.2009, apart from another direction for production of original RC book of the tipper. While so, M.A.Samad sent Talaknama dated 09.03.2009 to Wasim Banu pronouncing Talak to her. In this background, the two cases filed by both the parties against each other have to be judged. 2. In Cr.P.No.4894 of 2009, the petitioners are accused of offences punishable under Sections 290, 294, 323, 342, 352, 504 and 510 IPC. In Cr.P.No.1695 of 2009, the petitioners are accused of offences punishable under Section 147, 504, 323, 506/149 IPC. It is contended by both the counsel that their respective cases is true case and the opposite party filed false case with an intention to wreck vengeance against their parties. The offence in Cr.P.No.4894 of 2009 is stated to have taken place on 14.06.2009, where as, the offence in Cr.P.No.1695 of 2009 is stated to have taken place on 22.06.2009. On perusal of allegations in both the private complaints filed by each of the parties, it is evident that these two cases are nothing but off shoots of the earlier cases filed under Section 498-A IPC and also the Domestic Violence Act. It is evident that both the parties wanted to multiply the criminal proceedings against each other by making trivial allegations against each other. Even though in both the cases Section 323 IPC is alleged, there is no proof of medical evidence to show that any of the parties suffered any injuries. This sort of multiplication of criminal proceedings against each other on trivial grounds cannot be allowed to go on. After hearing the arguments of both the counsel and perusing the entire material placed before this Court, this Court has absolutely no hesitation to conclude that both the private complaints are nothing short of abuse of process of law. 3. Criminal Petition No.4894 of 2009 : In the result, the Criminal Petition is allowed quashing proceedings in CC.No.74 of 2009 on the file of Judicial Magistrate of the II Class, Peddapalli. 4. Criminal Petition No.1695 of 2009: In the result, the Criminal Petition is allowed quashing proceedings in CC.NO.188 of 2009 on the file of Principal Judicial Magistrate of the First Class, Mancherial. __________________________ SAMUDRALA GOVINDARAJULU, J Dated: 10.02.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4894 of 2009 AND CRIMINAL PETITION No.6095 of 2009 DATED: 10.02.2011 Ysk