HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5280 of 2010 ORDER: This criminal petition is filed by the petitioners-accused seeking to quash the proceedings initiated against them in C.C.No.774 of 2007 on the file of the I Metropolitan Magistrate, Vijayawada. 2. Facts of the case, in brief, are that the 2nd respondent herein filed a private complaint before the I Metropolitan Magistrate, Vijayawada, against the petitioners herein alleging that the 1st petitioner, Ex-Sarpanch of Kankipadu Village, Krishna District, issued a forged birth certificate to the minor daughter of the 2nd petitioner and basing on the same, the 2nd petitioner performed the marriage of her minor daughter, contrary to the provisions of the Child Marriage Restraint Act, 1929. The learned Magistrate referred the complaint to police for investigation and report and having received the complaint, the S.I. of Police, Kankipadu P.S., Vijayawada, registered Crime No.124 of 2007 against the petitioners and after completion of investigation filed charge sheet before the competent criminal court for the offences punishable under Sections 5, 6 and 10 of the Child Marriage Restraint Act, 1929 and Sections 420, 464, 465, 466 and 468 IPC and the same was taken on file as C.C.No.774 of 2007 by the learned I Metropolitan Magistrate, Vijayawada. The same is assailed in this Criminal Petition. 3. After considering the submissions made by the learned counsel for the petitioners, this Court while issuing notice to the 2nd respondent granted stay of all further proceedings in C.C.No.774 of 2007 for a limited period and directed both the parties as well as the daughter and son-in-law of the 2nd petitioner to appear before this Court today, by an order dated 22.06.2010. 4. When the matter is taken up for hearing today, both the petitioners are present and the alleged minor daughter of 2nd petitioner Damayanthi and her husband Potturi Paparao are present with their two kids. When enquired the said Damayanthi, she has stated that her marriage was performed on 15.06.2006 and now she is aged about 24 years and she is leading a happy marital life with her husband and as on the date of the complaint given by the 2nd respondent, she is not minor and she is major. 5. Having considered the submissions made by the daughter of the 2nd petitioner, this Court is of the view that the proceedings initiated against the petitioners in C.C.No.774 of 2007 may be quashed. 6. Accordingly, the Criminal Petition is allowed and the proceedings initiated against the petitioners herein in C.C.No.774 of 2007 on the file of the I Metropolitan Magistrate, Vijayawada, are hereby quashed. _______________________________ GOPALA KRISHNA TAMADA,J 6th July, 2010 CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.5280 of 2010 (Allowed) Date:06.07.2010 CBS