THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13126 of 2011 ORDER: Petitioners-Accused approached this Court with a prayer to quash the proceedings initiated against them in C.C.No.117 of 2011 on the file of the Additional Judicial Magistrate of First Class, Mummidivaram, East Godavari District, whereby they are facing charge for the offence punishable under Section 498-A IPC read with 34 IPC and 3 and 4 of the Dowry Prohibition Act. Heard. The main ground raised by the learned counsel for the petitioners is that the complainant lodged the complaint after lapse of two months of the incident. This Court is of the view that delay itself is not fatal to the prosecution. Unexplained delay alone is a ground, which can affect the case of the prosecution. Further more, in matrimonial disputes there is no need of lodging any complaint immediately, since every lady, who wants to live in the company of her husband will not lodge complaint immediately. Hence, the point of delay is not acceptable. Secondly, learned counsel submitted that petitioners 2 and 3 are living separately and they are not living together with the complainant. Whereas, in the charge sheet it is stated that whenever they visited the house of the petitioners, they used to harass the complainant and also beat her and also there are prima facie allegations against the petitioners herein. The fact that petitioners 2 and 3 never used to harass the complainant and they never lived with her are the points to be decided at the time of trial only. Hence, the same cannot be a ground to quash the proceedings pending before the trial Court. Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 19th December 2011 Rns