THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 4532 of 2009 Order: This Criminal Petition is filed by the petitioners/A1 to A3 seeking to quash the proceedings in Crime No.121 of 2008 of Porumamilla Police Station, Kadapa District, registered for the offences punishable under Sections 307, 354, 452 and 506 IPC. Learned counsel for the petitioners has vehemently submitted that the wife of the first petitioner herein has lodged a complaint against the brother of the de facto complainant/second respondent herein and basing on the same a case in Crime No.99 of 2008, under Sections 354, 452 and 506 IPC, has been registered against the brother of the second respondent alone and that after coming to know about the complaint filed by the wife of the first petitioner herein a false complaint has been lodged by the second respondent herein against the petitioners on 31.12.2008. His main submission is that on the face of it, it is clear that it is a counter case seems to have been drafted with a view to make out a case under Section 354 IPC and therefore the same is liable to be quashed. It is also his submission that the petitioners 2 and 3 herein are no way concerned with the alleged offences and the petitioner No.2 is veterinary doctor and if he is arrested he may be suspended from service. On the other hand, learned Additional Public Prosecutor has submitted that only the allegations made in the complaint have to be taken into consideration before quashing the proceedings. As seen from the documents filed by the petitioners herein it appears that the wife of the first petitioner lodged a private complaint which has been referred to the police under Section 156(3) Cr.P.C. Basing upon which a case in Crime No.99 of 2008 was registered against the brother of the second respondent herein on 19.11.2008. However, it is settled law that the documents filed by the petitioners/accused cannot be taken into consideration at this stage. Further, the truth or otherwise of the allegations also cannot be decided at this stage, merely because the present complaint is subsequent to the earlier complaint lodged by the wife of the first petitioner. At this stage we are only concerned with the allegations made in the complaint. Where in a case the allegations made in the complaint, even if they are taken on their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the accused, then only such allegations or complaint, as the case may be, can be quashed. This Court also will not enter into any finding of facts at this stage. The powers to quash the proceedings have to be exercised sparingly and with abundant caution. In view of the same, I do not see any reasons to quash the proceedings against the petitioners/accused. Accordingly, the Criminal Petition is dismissed. However, the police concerned are directed to make fair investigation into the matter and take a decision whether they have to file charge sheet or not in the matter. ______________________ B. CHANDRA KUMAR, J. Date: 29.09.2011 Nsr