THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3980 OF 2010 DATED 16th MARCH, 2011. BETWEEN : N.Ratan Kishore & others .. Petitioners-accused and The State of A.P. & another ..Respondents THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3980 OF 2010 ORDER: Petitioners approach this Court with a prayer to quash the proceedings in C.C.No.126 of 2010 on the file of the Special Mobile Magistrate, Guntur. Heard. The main contention of the learned counsel for the petitioners is that the entire grievance of the second respondent herein is that the first petitioner has deposited Rs.54 lakhs in the name of his father-in- law, who is the father of the de facto complainant, and only with an intend to avoid payment of the same, present complaint is lodged by the complainant since she was tuned by her father. Per contra, the respondent counsel submitted that already out of the said amount of Rs.54 lakhs, Rs.30 lakhs has aleady been paid to the first petitioner herein and even now the father-in-law is ready to pay the balance amount to the petitioners herein. Hence, the question of lodging complaint to avoid payment does not arise. In view of the said submissions, this Court is of the view that the ground taken by the petitioners that in order to avoid payment of remaining balance need not be probed into by this Court. For better understanding of the case facts and better appreciation of the case, the translated copy of complaint lodged by the second respondent herein is reproduced hereunder: “I am the 2nd daughter of my parents namely K.Venkata Rao and Manjula Devi. When I am studying B.Tech final year my marriage was celebrated with Ratan Kishore. My husband had got divorce with his 1st wife. As per the demand of my in-laws, my parents spent Rs.10 lakhs to perform the marriage in a dignified manner. My husband went USA on 26.2.2006. On 1.5.2006 I also went USA after my B.Tech examination. We were there upto June, 2008. Thereafter we left to OKLHAMA and we were there upto 4.2.2010. In USA we lived happily for some time but thereafter I came to know about the real character of my husband who harassed me mentally and physically. To up keep the dignity of my family I did not reveal these facts to anybody. My father is a teacher by profession. On 26.5.2007 we both went to America. From that time onwards my husband demanding me to ask my parents about the money to construct a hospital at Guntur for his practice at Guntur. My husband also demanding me at midnight to get him some cigrates and beer bottles from down town. While the matter stood thus I got pregnancy. As my husband harassed me physically and mentally, I got abortion due to his harassment. My husband also beat me on my face and on legs. Due to his harassment I could not move my hands for about 10 hours, I cannot do anything with my right hand due to injuries. My husband also used to abuse my parents and demanding me Rs.20,00,000/- by depositing of the site at Guntur. Even though I informed to my parents, my parents are consoling me. My husband used to force me to see the Blue Films. When I refused to see blue films he used to harass me sexually. I am not having any freedom to weep. I got some injuries on my body. On 11.2.2010 we came to India. My husband did not permit me to bring jewellery from America. My jewellery also is in the custody of my husband. On 18.2.2010 I informed to my parents about the harassment of my husband. On the pretext that I informed to my parents on 19.2.2010 my husband chased us and beat my parents and myself with a stick, when my parents informed to my in-laws they said “If you construct a hospital in India, there will be no harassment”. They also threatened us by saying if you fail to construct the hospital as per the demand of my husband, the harassment will be continued. When the mediators on my behalf questioned my in-laws about the misbehaviour of my husband, they threatened us. At present my husband is residing at Chilakaluripet. Four days back, my father, my uncle Ch.Venkateswara Prasad, Katta Ravindra Babu, went to Chilakaluripet and questioned them about misbehaviour of my husband with me. Immediately they provoked and threatened us with dire consequences. Therefore all my family members returned in a helpless condition. I have no confidence in my husband. If I go to America I will not be in a safe condition and my dead body will come back to India. My in-laws, my brother-in-law deceived us in so many ways. Therefore, I am requesting you to take appropriate action against my husband and against my in-laws as per law.” On perusal of the entire complaint and also the charge sheet filed by the respondent-Police, no serious allegations are disclosed against petitioners 2 to 4 herein except some bald allegations. As far as the first petitioner is concerned, some specific allegations are levelled, which require to be tried by the trial Court. On mere reading of the entire material available on record, nothing is there to proceed against petitioners 2 to 4. Therefore, the further proceedings against petitioners 2 to 4 in C.C.No.126 of 2010 on the file of the Special Mobile Magistrate, Guntur, are hereby quashed. As far as the first petitioner is concerned, the learned counsel submitted that the first petitioner is ready to face to the trial and the trial Court may be directed to conclude the trial within a stipulated time. Since the offence is arising out of matrimonial disputes, the trial Court is directed to conclude the trial against A.1 as early as possible. Accordingly, the Criminal Petition is partly allowed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ___________________ RAJA ELANGO, J 16th March, 2011 sur