HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3028 OF 2010 Date:30.03.2010 Between: Mohd. Nayyar Pasha and 2 others …..Petitioners And: State of AP., rep. by PP and another …..Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3028 OF 2010 ORDER: The petitioners 1 to 3 who are A-1 to A-3 seek quashing of F.I.R in Crime No.9 of 2010 of Women Police Station, Khammam relating to offences under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. Relationship of the parties is not in dispute. A-1 is husband of the defacto- complainant/2nd respondent. A-2 and A-3 are parents of A-1. It is alleged that A-1 to A-3 have always been demanding for additional dowry and that when father of the 2nd respondent retired from service in January, 2006, the accused demanded for Rs.3,00,000/- out of retirement benefits of her father and that in June, 2008 she returned to Kootoor village on instructions of A-1 and that on 3.08.2008 A-2 and A-3 blamed her for not getting money from her parents and beat her severely and obtained her signature on blank stamp paper forcibly. It is contended by the petitioners’ counsel that false case was foisted against the petitioners even though the 2nd respondent has been residing separately from them for the last one and half years. It is further contended that divorce was given by A-1 to the 2nd respondent in August, 2008 and Mehar amount etc., were sent to the 2nd respondent in August, 2008. It is well settled principle of law that subsequent divorce will not absolve the husband and parents-in-law of the alleged offences which were committed earlier to divorce. All the allegations in F.I.R relate to the period prior to the divorce pleaded by the accused. The question whether the allegations are true or false cannot be gone into and decided in a petition under Section 482 Cr.P.C. The crime has to be investigated into by the police and in case they find sufficient material, the police would file charge sheet, in which event trial will go one before the Magistrate. It is during trial, truth or otherwise of allegations of the 2nd respondent will be decided. Thus, now there is absolutely no legal material to quash F.I.R in this case. Hence, the petition is dismissed. ____________________________________ SAMUDRALA GOVINDARAJULU,J. Date:30.03.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.P.NO.3028 OF 2010 Date: 30.03.2010 Gk.