HON’BLE SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No.3846 OF 2009 DATE: 23-12-2010 BETWEEN: Korati Kanaka Sekhara Rao and another. - - - Petitioners/ A-2 & A-3 AND The State of Sub-Inspector of Police, L & O Krishnalanka P.S., Vijayawada City, Rep. by Public prosecutor, High Court of A.P., Hyderabad and another. - - - Respondents/ Complainant. This Court made the following : HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION No.3846 OF 2009 ORDER: This Criminal Petition is filed by the petitioners/A-2 and A-3 under Section 482 of Cr.P.C., seeking to quash the entire proceedings in C.C. No.81 of 2009, on the file of the Court of II Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District. I have heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor representing the State. The petitioners herein are accused Nos.2 and 3 in C.C. No.81 of 2009 on the file of the Court of II Additional Chief Metropolitan Magistrate, Vijayawada. Accused No.1 i.e., Anand Balaji is son of the petitioners. The second respondent and Anand Balaji loved each other. The second respondent belongs to scheduled caste, whereas the Anand Balaji (A-1) belongs to ‘Kaapu’ community, which is a non- scheduled caste and non-scheduled tribe. Even according to the second respondent (de-facto complainant), the petitioners did not agree for the marriage of the second respondent with A-1 on the ground that second respondent belongs to scheduled caste and thereupon both of them married against the wishes of the petitioner Nos.1 and 2 and started living in the house of the second respondent. Subsequently, on the report lodged by the second respondent, C.C. No.81 of 2009 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada, came to be filed alleging commission of offences punishable under Sections 498-A and 324 of I.P.C. The accusation levelled against the petitioners is that they visited the house of the second respondent and demanded dowry amount of Rs.1,00,000/- and also that when she was pregnant they got the pregnancy terminated in a nursing home. Since the petitioners did not agree for the marriage between the second respondent and A-1 and did not allow them to live with them, it is most unlikely that they went and demanded additional dowry from the parents of the second respondent. The report itself appears to be ex-facie false, in so far as these petitioners are concerned. It is obvious that with some ulterior motive they have been implicated in a case of this nature and in view of the fact that the very allegation itself is found to be quite unbelievable keeping such case pending will result in miscarriage of justice and abuse of process of law. Therefore, the entire proceedings in C.C. No.81 of 2009, on the file of the learned II Additional Chief Metropolitan Magistrate, Vijayawada, Krishna District, against the petitioners Nos.2 and 3/A-2 and A-3 are hereby quashed. The Criminal Petition is accordingly allowed. ________________ R. KANTHA RAO, J Dated: 23-12-2010 Dsh.