THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7908 of 2011 ORDER: The petitioners approached the Court with a prayer to quash the proceedings against him in C.C.No.166 of 2010 on the file of the Judicial First Class Magistrate, Darsi, Prakasam District, registered for the offence punishable under Sections 498(A) IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard both sides. 3. The main contention raised by the learned counsel for the petitioners is that the defacto complainant filed a divorce petition, in which she has not alleged any harassment against the petitioners and the defacto complainant obtained divorce. In view of the same, the present complaint is stated to be false in nature. The purpose of the filing of main divorce petition is for a limited purpose of obtaining divorce. That itself cannot be a ground to quash the present Calendar Case No. 166 of 2010. Admittedly, the complaint was lodged on 13.6.2010, whereas the divorce petition was filed on 17.6.2010 and further he has stated that the respondent has also now married. 4. Under these circumstances, this Court is of the view that the marriage of the 2nd respondent after divorce is not at all a ground to consider the present petition. Further, the learned counsel stated that some discrepancies are there in the statements of the witnesses. This Court is of the view that the discrepancies and also the falsity or truthfulness of the complaint can be decided only by the trial Court after appreciation of the evidence adduced before the Court. Hence, this Court is not inclined to interfere with the trial at this stage. Considering the submission of the learned counsel for the petitioners and also the facts and circumstances of the case, the presence of the petitioners is dispensed with before the trial Court, except the dates on which the learned Magistrate insists for his presence. With the above observation, the Criminal Petition is dismissed. Miscellaneous petitions filed in this criminal petition, if any, shall stand closed. _______________ RAJA ELANGO, J. 5th September, 2011 CHV