THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION NO.8393 OF 2009 ORDER: This criminal petition under Section 482 Cr.P.C. is filed by one Bodingari Lava Kumar - petitioner – accused No.1 seeking to quash the proceedings in C.C.No.112 of 2007 on the file of the III Additional Judicial Magistrate of First Class, Tirupati, arising out of Crime No.22 of 2006 of West PS, Tirupathi, Chittoor District, registered for the offence punishable under Sections 498(A), 420, 120(B), 344 and 506 IPC read with 109 IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard. 3. The petitioner herein is the husband of the second respondent - de facto complainant. The proceedings against the other accused in the case were quashed by this Court vide orders in Criminal Petition No.1579 of 2007 dated 14.07.2007. Against the said order, the second respondent filed SLP No.7046 of 2007 before the Hon’ble Supreme Court, wherein it was reported by the petitioner therein, i.e., the second respondent in this petition, that she does not want to go ahead with the case in view of second marriage having been contracted by her, on account of that, the SLP was disposed of. Thus, it is clear that a statement was made on behalf of the present second respondent that she is not interested in pursuing the litigation in view of her second marriage. 4. Further, there was a consent decree of divorce through Lok Adalath between the parties and the present second respondent challenged the same by filing F.C.O.P. contending that the same was obtained by fraud and the said FCOP was dismissed vide orders in CF No.4037 of 2007 dated 14.09.2007, as the same was not pursued and the advocate reported no instructions. 5. In this petition, the second respondent was served on 07.11.2009 and none appeared for her. In the peculiar circumstances of the case, this Court ordered fresh notice to second respondent through Court and as well as through the Principal of Vidyaniketan Engineering College, Sainath Nagar, A.Rangampet (PO), Chandragiri Mandal, Chittoor District, where she is working, the same was served on 23.12.2009. In spite of that there is no representation for her. 6. In the circumstances, as there was a consent decree of divorce through Lok Adalath, which was challenged by the present second respondent on the ground of fraud and ultimately she did not pursue the same and as the petition for quashing the proceedings against the other accused, which was allowed by this Court, was challenged by her before the Hon’ble Supreme Court, where she made a statement that she is not interested in continuing the litigation in view of her second marriage and further in spite of repeated service of notices in this petition she never appeared before this Court, this petition is liable to be allowed quashing the proceedings pending against the petitioner, as in all probability she is not interested in pursuing the proceedings, may be on account of her subsequent marriage. 7. In the result, the Criminal Petition is allowed and the proceedings pending against the petitioner in C.C.No.112 of 2007 on the file of the III Additional Judicial Magistrate of First Class, Tirupathi, Chittoor District are quashed. ___________________ P. SWAROOP REDDY, J. 9th February 2010, Rns.