THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.9110 of 2010 ORDER: The petitioners 1 to 7/A1 to A7 are accused of offences punishable under Sections 494 and 406 I.P.C. Private complaint filed by the 2nd respondent was referred to the Police by the Magistrate for investigation under Section 156(3) Cr.P.C. Marriage of the 2nd respondent with A1 took place on 22.06.1998. There were criminal cases filed against each other. There were also proceedings under the Hindu Marriage Act against each other. The petitioners contend that marriage of the 2nd respondent with A1 was dissolved by decree of divorce on 10.11.2009 by the I Additional Senior Civil Judge, Guntur, in H.M.O.P.No.266 of 2005. It is stated by the 2nd respondent’s counsel that appeal is filed against the said divorce decree and it is pending in this Court. In the private complaint, the 2nd respondent did not state on what date A1 married his second wife. Except impleading A2 to A7 in the complaint, there is no allegation as to how they are involved in the alleged second marriage. When the 2nd respondent gave report to Chilakaluripet Town Police previously, the report was registered as case in Crime No.17 of 2009 for the offence under Section 494 I.P.C. After investigation, the Police referred that case as a mistake of law. Therefore, there is no question of second investigation of the similar allegations under Section 494 I.P.C. 2. Secondly, the offence under Section 406 I.P.C. is alleged not in respect of any property or valuable security having monetary value. But, it is alleged in respect of trust reposed by the 2nd respondent in A1 in the marital life. If there is any breach of such marital trust, Section 406 I.P.C. has no application. Thus, the 2nd respondent fails in respect of both the offences alleged against the petitioners. 3. Accordingly, the Criminal Petition is allowed quashing FIR in Crime No.114 of 2010 of III Town Police Station, Tenali. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:03.11.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9110 of 2010 Dt:03.11.2011 ysk