THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.3149 of 2007 Dt.9-9-2010 1. B. Vijaya Bhavani and others. ..Petitioners/A-3 to A-5 V. 1. The State of A.P. through the Station House Officer, Patancheru Police Station, represented by the Public Prosecutor, High Court of A.P. Hyderabad and another. ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.3149/2007 ORAL ORDER The petitioners who are A-3 to A-5 in CC No.160/2007 on the file of Addl. Judicial First Class Magistrate, at Sanga Reddy registered for the offences punishable under Section 494 and 498-A r/w 109 IPC, filed the present petition under Section 482 Cr.P.C., to quash the proceedings initiated against them. The allegations in the charge sheet would clearly disclose that A- 1 who is the husband of the second respondent-defacto complainant married A-3, who is the daughter of A-4 and A-5, when his wife, defacto complainant is living. It is not in dispute, the defacto-complainant is the wife of A-1. As A-1 alleged to have married A-3 again with the connivance of A- 4 and A-5, A-3 was charged for the offence punishable under Section 494 IPC and A-4 and A-5 were charged for the offence punishable under Section 494 r/w 109 IPC. The contention advanced by the learned counsel for the petitioners is that for the offence under Sec. 494 IPC, whoever, having a husband or wife living, marries in any case in which such marriage, is void by reason of its taking place during the life of such husband or wife, shall be punished. Since A-3 is not having husband, she cannot be proceeded under Sec. 109 IPC and therefore, proceedings initiated against A-3 and her parents, A-4 and A-5, for the offence punishable under Section 494 r/w 109 IPC are liable to be quashed. The charge sheet would disclose that A-1, who is the husband of the defacto-complainant, during the life time of the defacto complainant married A-3 and A-3, 4 and 5 abetted the commission of crime by A-1 under Sec. 494 r/w 109 IPC. Therefore, contention of the learned counsel for the petitioners that they cannot be proceeded under Sec.109 IPC does not merit consideration. The Criminal Petition is accordingly dismissed. ______________ A.GOPAL REDDY,J Dt.9-9-2010 kmr