IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT HON'BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2881 of 2006 Between : Smt.Ch.Sujatha & others ..... PETITIONER AND The State of A.P. and another .....RESPONDENTS HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2881 OF 2006 ORDER : This criminal petition is filed by the petitioners/accused Nos.1 to 5 under Section 482 of the Code of Criminal Procedure for quashing the F.I.R. in crime No.330 of 2006 of Uppal Police Station of Ranga Reddy District relating to the offences punishable under Sections 420, 448 and 506 of the Indian Penal Code. The second respondent is husband of the first petitioner. The other petitioners are parents and relatives of the first petitioner respectively. It appears that the second respondent and the first petitioner are living separately. There is criminal case pending against the second respondent and his relatives filed at the instance of the first petitioner for the offence punishable under Section 498-A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. There is also a maintenance case pending between the parties under Section 125 of the Code of Criminal Procedure. At that stage, the second respondent filed private complaint in the Court of the III Metropolitan Magistrate, Cyberabad, Ranga Reddy District at L.B.Nagar, against A.1 to A.5 alleging the offences under Sections 420, 448 and 506 of I.P.C. and the Magistrate forwarded the same to the Police for registration of the crime and for investigation under Section 156 (3) Cr.P.C. After receiving the private compliant, the Uppal Police registered the same as case in crime No.330 of 2006. The said crime is still under investigation. At that stage, the accused filed this criminal petition questioning propriety of the husband in filing the private complaint. As per contents of the private complaint, it is alleged that on 01.07.2005 during evening hours A.1 to A.4 forcibly trespassed into house of the complainant, created nuisance, abused him in most filthy language, threatened him with dire consequences and that while returning, A.1 to A.4 took away cots with beds, LG colour TV, educational certificates of the complainant and other household articles from his house. It is contended by the counsel for the petitioners that as a counter blast for the case launched by the wife against the husband for the offence under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act, the second respondent has filed the false private complaint before the Court with a view to harass the wife and her relatives and with a view to force them for compromise in the pending criminal case and maintenance case. Truth or otherwise of the allegations mentioned in the complaint attracting the above said offences is a matter to be decided by the Police during investigation. In case, after investigation, the Police filed charge sheet in this crime, then it is for the Magistrate to try and decide the case depending on the evidence to be let in by the prosecution. It is purely a question of fact and a controversial question of fact, which has to be decided by the Magistrate after full trial. This Court while exercising powers under Section 482 Cr.P.C. cannot go into those disputed questions of fact and cannot come to any conclusion. In so far as the alleged compromise, which took place on 10.02.2005 and the alleged payment of Rs.2 lakhs by the second respondent to the first petitioner under a receipt, etc. are concerned, they are not the subject matter of the present criminal petition. Those facts were mentioned by the second respondent in the private complaint as the history leading to the present case. In that view of the matter, I find no legal ground for interference in investigation of this crime while exercising powers under Section 482 Cr.P.C. In the result, the criminal petition is dismissed. ________________________ SAMUDRALA GOVINDA RAJULU, J 23rd October, 2009 SUR