THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.3750 of 2008 ORDER: 1) This petition is filed under Section 482 Cr.P.C. to quash proceedings in C.C.No.174 of 2008 on the file of VII Metropolitan Magistrate, Hayatnagar, Cyberabad. 2) The petitioners are the accused Nos.2 and 3 and the respondent Nos. 1 and 2 are the de facto complainants and the 3rd respondent is the complainant in the calendar case. For convenience sake, I refer the parties as they are arrayed before the lower Court hereafter words. 3) The allegations levelled against the accused are as follows: On 23.12.2006, the 1st accused in order to implicate the sons of the complainants in a criminal case went to them and manhandled them by saying that they would be made orphans by killing their parents. Further, the accused Nos. 2 to 4 rushed there and scolded the children of the complainants. On hearing the noise, the 2nd complainant i.e., Yesamma came out of her house and suddenly the accused No.1 manhandled her mercilessly ignoring the fact that she is a woman. 4) Originally, the Magistrate concerned forwarded the complaint to the Station House Officer, Vanasthalipuram for necessary investigation and report. Ultimately, the Station House Officer, Vanasthalipuram filed his final report stating that he examined all the concerned witnesses but false complaint was filed in order to over come several civil cases filed by the petitioners against the de facto complainants and others. 5) It is the contention of learned counsel for the petitioners that the allegations made do not disclose that there was trespass of the petitioners and the other accused into the house of the complainants and that they out raged the modesty of the 2nd complainant. It is further contended that even though the allegations show that all the accused manhandled the 2nd de facto complainant and others, there is no material to the effect that she was taken to any doctor for necessary treatment and that such doctor has issued any wound certificate and the circumstances amply prove that only for the purpose of avoiding the civil litigations registered at the instance of the petitioners a false case was foisted by the de facto complainants against them. 6) Therefore, it has to be seen as to whether any grounds are there in order to quash the proceedings against the petitioners. 7) After going through the allegations made, they do not provide that all the accused trespassed into the house of the complainants and also do not provide that they or any of them committed any offence of out raging the modesty of the 2nd complainant. Therefore, there is no sufficient material to prosecute the petitioners for the offences punishable under Sections 354 and 452 I.P.C. There are also no specific allegations of the 2nd petitioner causing any hurt to the 2nd complainant. It is also to be noticed that even according to the de facto complainants in the complaint there are several civil disputes between them. In view of these circumstances, it cannot be ruled out that a false complaint was given in view of several civil litigations between the complainants and the accused. 8) In the circumstances stated, it is clear that there is abuse of process of law so far as these accused are concerned and accordingly, the proceedings needs to be quashed against them. 9) Accordingly, the petition is allowed quashing the proceedings in C.C.No.174 of 2008 on the file of VII Metropolitan Magistrate, Hayatnagar, Cyberabad insofar as the petitioners herein are concerned. G. KRISHNA MOHAN REDDY,J Dt. 07.04.2011 lvl THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.3750 of 2008 Dt. 07.04.2011