THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 5045 of 2009 ORDER: The petitioners/Accused approached this Court with a prayer to quash the proceedings initiated against them in C.C.No. 697 of 2008 on the file of the II Additional Chief Metropolitan Magistrate, Vijayawada City. Based on the complaint given by the 2nd respondent, Krishna Lanka L&O Police registered a case in Crime No. 438 of 2008 for the offence punishable under Section 498-A I.P.C. Learned counsel for the petitioners submit that the de facto- complainant leads an adulterous life and on that ground, petitioner No.1, husband of the de facto-complainant already filed a O.P. for divorce. As a counter blast, the de facto-complainant filed the present complaint against the petitioners. The points raised by the learned counsel for the petitioners are all disputed facts which have to be decided by the trial Court, during the course of trial. Hence, this Court is not inclined to interfere with the trial. However, 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 the same. The criminal petition is accordingly disposed of. Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. -------------------------------- JUSTICE RAJA ELANGO 24th November 2011 ksld