THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2631 of 2010 16th November, 2011 Between :- T.Yellappa .. Petitioner And The State of Andhra Pradesh, Through Station House Officer, Kurnool III Town P.S., Kurnool District, Rep.by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad and another .. Respondents THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.2631 of 2010 ORDER:- This petition has been taken out under Section 482 Cr.P.C. by the accused in Crime No.24 of 2010 of Kurnool III Town P.S., Kurnool District, registered for the offence under Section 498-A of I.P.C. The 2nd respondent presented a report before the Station House Officer, Kurnool III Town P.S., Kurnool District, on 2-2-2010 alleging inter alia that she developed acquaintance with the petitioner in the year 1995 and thereafter the petitioner married her in Balabrahmeshwara Temple by exchange of garlands. It is further averred in the report that she has been blessed with one daughter. The petitioner allegedly harassed and suspected her and ultimately discarded her and her daughter. Therefore she requested the Station House Officer to call the petitioner and render justice to her and her daughter. Basing on the said report, the Station House Officer, Kurnool III Town P.S., Kurnool District, regidstered a case in Crime No.24 of 2010 for the offence under Section 498-A of I.P.C. and issued F.I.R. Hence, this petition. Notice to the respondents came to be ordered on 18-3-2010. The petitioner was permitted to take out personal notice to the 2nd respondent and file proof of service. Accordingly, the petitioner took out personal notice to the respondent by RPAD and filed proof of service. Despite service being effected on respondent No.2, she did not choose to enter appearance to resist the petition. Heard learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent – State. Learned Counsel appearing for the petitioner submits that even if the averments of the report are taken in toto, no ingrediences of Section 498-A of I.P.C. are made out and therefore continuation of the proceedings in Crime No.24 of 2010 amounts to abuse of process of law. Learned Counsel took me to the report submitted by the 2nd respondent before the Station House Officer, Kurnool III Town P.S., Kurnool District. Learned Additional Public Prosecutor appearing for the 1st respondent – State submits that investigation is pending and interdicting the investigation at this stage is not warranted in the given facts and circumstances. I have gone through the report presented by respondent No.2 before the Station House Officer, Kurnool III Town P.S., Kurnool District, on 2-2-2010. The true translation of the report which finds place at page No.10 reads as hereunder:- “I studied upto B.A. and undergone GNM Nursing Training. At present I am working as Nurse in Kurnool Town Heard and Brain Hospital. In the year 1994 my father died in a road accident, I used to visit the office of the MRO for the purpose of Apadbhandu scheme. At that stage, I developed acquaintance with the Orvakal R.I., Yellappa and in the year 1995, both of us married in Balabrahmeshwara Temple by exchange of garlands and we were blessed with one daughter who is presently 7 years old studying UKG. Since the date of giving birth to a female child he started harassing and suspecting me. In this connection my neighbours Ramu, Madhu, Mangamma, Manikyamma, Ranganna, Muttaiah have warned him not to harass me. Since then he is not coming to me and done injustice to me. Therefore I request you to call my husband Yellappa and to render justice to me and my daughter.” Respondent No.2 has not stated in what way the petitioner harassed her. Her grievance appears to be of the petitioner not visiting her and not taking care of her and her daughter. In case, R.2 desires to have conjugal association with the petitioner, she has to approach the Civil Court for appropriate reliefs. Invocation of criminal proceedings, in the given facts and circumstances, amounts to abuse of process of law. Accordingly, the Criminal Petition is allowed quashing the First Information Report in Crime No.24 of 2010 of Kurnool III Town P.S., Kurnool District. ________________________ B.Seshasayana Reddy, J 16th November, 2011 smr