THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.4488 of 2009 Date:30th November, 2011 Between: Pattapu Shekar S/o.late Sri Veera Janardhan & Anr. ..... Petitioners/A1 & A2 AND State of A.P., rep. by its Public Prosecutor, High Court of A.P., Hyderabad & Anr. .....Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.4488 of 2009 ORDER: This Criminal Petition has been taken out under Section 482 Cr.P.C. by A1 and A2 in C.C.No.265 of 2008 on the file of I Additional Judicial Magistrate of First Class, Kothagudem, Khammam District, to quash the proceeding therein against them. 2. The petitioners are husband and mother-in-law of 2nd respondent Smt.Pattapu Tejasree. She presented a report before the Station House Officer, Kothagudem I Town Police Station, Khammam District, alleging, inter alia, that she got married to the 1st petitioner herein on 24.06.1988. At the time of marriage, her parents gave cash of Rs.1,50,000/- apart from other household articles. Her marital life went on peacefully for some time and she has been blessed with a female child, now aged about 19 years. For the last three years the 1st petitioner developed illicit intimacy with another lady and started harassing her physically and mentally on some pretext or the other. The accusation made against the 2nd petitioner is that she supported the 1st petitioner in harassing the 2nd respondent. Basing on the said report, a case in Crime No.33 of 2008 came to be registered against the petitioners herein for the offence under Section 498-A IPC by the Station House Officer, Kothagudem I Town Police Station. After due investigation, the Sub-Inspector of Police, Kothagudem I Town Police Station, laid a charge-sheet before I Additional Judicial Magistrate of First Class, Kothagudem, Khammam District. The learned Magistrate took the charge-sheet on file as C.C.No.265 of 2008. Hence, this Criminal Petition by A1 and A2 seeking the relief stated supra. 3. Heard learned counsel appearing for the petitioners and learned Additional Public Prosecutor appearing for the 1st respondent/State. 4. Learned counsel appearing for the petitioners submits that the 2nd respondent/de facto complainant has been staying away from the marital home for the last more than 19 years and she foisted the case against the petitioners to harass them and therefore, continuation of proceedings in C.C.No.265 of 2008 against the petitioners amounts to abuse of process of Court. 5. Learned Additional Public Prosecutor appearing for the 1st respondent/State opposed the petition on the ground that the Police after due investigation filed the charge-sheet and the material gathered during the course investigation is sufficient to infer, prima facie, that the petitioners have harassed the 2nd respondent/de facto complainant. 6. I have gone through the averments in the charge-sheet in Crime No.33 of 2008. Except making bald allegations against the 2nd petitioner that she insisted or instigated the 1st petitioner, no specific instances, wherein the 2nd petitioner assisted or instigated the 1st petitioner to harass the 2nd respondent/de facto complainant, have been stated either in her report or in the charge-sheet. In that view of the matter, continuation of proceedings against the 2n d petitioner herein in C.C.No.265 of 2008 amounts to abuse of process of Court. With regard to the 1st petitioner, specific accusation has been made that he developed extra-marital life and harassed the de facto complainant. During the course of investigation, the police examined four witnesses, apart from the de facto complainant, to substantiate the accusation leveled against the 1st petitioner. Therefore, this is not a fit case to quash the proceeding in C.C.No.265 of 2008 against the 1st petitioner. 7. Accordingly, the Criminal Petition is partly allowed quashing the proceeding against the 2nd petitioner herein alone in C.C.No.265 of 2008 on the file of I Additional Judicial Magistrate of First Class, Kothagudem, Khammam District. ______________________ B.SESHASAYANA REDDY, J. Date:30th November, 2011. cs THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.4488 of 2009 Date:30th November, 2011