THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1865 of 2008 ORDER: Petitioners/Accused Nos.3 to 5 approached this Court with a prayer to quash the proceedings in C.C.No.84 of 2004 on the file of the Court of the Additional Judicial First Class Magistrate, Tadepalligudem, East Godavari District, wherein they are facing trial for the offences punishable under Sections 190, 323, 498-A, 406 and 506(2) read with Section 34 of IPC. Though notice was served to the 2nd respondent/defacto- complainant, none appeared for the 2nd respondent. The main contention raised by the learned counsel for the petitioners is that the petitioners, who are sisters-in-law of the defacto- complainant, are residing at their matrimonial houses. Learned counsel relied on the deposition of the defacto-complainant herein in M.C.No.24 of 2003 on the file of the Court of the Additional Judicial Magistrate of Tadepalligudem, in which she informed that in the year 2002, she along with her husband lived in Tadepalligudem and on 25.03.2003, her husband necked out her. In the said deposition, the defacto-complainant has not stated anything against these petitioners. Admittedly, the defacto-complainant is living separately from the year 2002, whereas the present complaint is lodged on 09.05.2003 i.e., after a lapse of one year. Even in the present complaint and in the charge sheet, except stating that the petitioners also instigated Accused No.1 to demand additional dowry, no specific allegations are made against them to attract any offences, more particularly the alleged offences. The main allegations are only against the husband of the defacto-complainant. On perusal of the entire record, the charge sheet and the documents filed by the counsel for the petitioners, it is evident that prima facie case is made out only against the husband of the defacto- complainant. Hence, this Court is of the view that the proceedings against the petitioners in C.C.No.84 of 2004 on the file of the Additional Judicial First Class Magistrate, Tadepalligudem, West Godavari District, are liable to be quashed. Accordingly, this criminal petition is allowed and the proceedings against the petitioners alone in C.C.No.84 of 2004 on the file of the Additional Judicial First Class Magistrate, Tadepalligudem, West Godavari District, are hereby quashed. ____________________ JUSTICE RAJA ELANGO 17.03.2011 v v