THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8391 OF 2011 ORDER: Petitioners approach this Court with a prayer to quash the proceedings initiated against them in P.R.C. No. 57 of 2010 on the file of the Judicial First Class Magistrate, Vemulawada. Heard. It is not necessary to discuss the entire allegations made against the petitioners in the complaint. But, it is evident from the charge sheet, which runs as follows: “From the facts collected in the investigation, it is established that the marriage of the deceased was performed with A1 on 23.8.2002, by her relatives as the father of the deceased was died and mother is mentally unsound. The deceased also suffering from mental disorders and this was known to all the relatives of the deceased as well as to the accused persons. After 6 months of the marriage, the deceased had become pregnant. On that, she went to her mother’s house at Odyaram village and was used to live with her mother. She gave birth to a daughter, who is aged about 6 years now. Even if she visited Karimnagar now and then the deceased used to stay with her own sister and brother-in-law and come back to her parents’ house to Odyaram village. In this regard, several panchayaths were held in the presence of elders and in the last panchayath, the elders advised the couple to take divorce officially. The accused No.1 agreed to pay Rs.5.25 lakhs to the deceased for the maintenance of deceased and her daughter for their life long. The said amount was handed over to the deceased by A1 through her own sister, Thota Rama and brother-in-law Thota Mallesham. Later, divorce was effected between the couple officially at Registration Office, Karimnagar on 15.1.2009 since then all the accused persons and deceased were living separately. The deceased was no more the wife of A1. The deceased who was staying with her mother was not provided any treatment due to poorness. Thus the deceased continues to be moving in the streets as mindless, teasing the public even during the nights and in fact she was a detrimental to the people. Finally, on 1.7.2009, at about 6 PM, the deceased herself poured kerosene on her body and set fire at her parental house at Odyaram Village and burnt. Later she was brought to Headquarters Hospital, Karimngar for treatment, but she was succumbed to burns on 2.7.2009 at 7A.M. The offence under Section 304(B) IPC and Sec. 3 of DP are not proved whereas the offence under Section 498(A) IPC is proved against the accused persons in addition to the Sections 306 IPC” Thus the accused A1 to A7 are liable for punishment for the offences punishable U/s. 498(A), 306 IPC and Sec. 4 of D.P. Act.” On a perusal of the charge sheet, it is quite clear that the deceased left the company of the first petitioner in the year 2009 and they also obtained divorce and the same was registered. Further, when the deceased committed suicide, she was staying with her parents and there is no evidence on record regarding cruelty or inducement by the petitioners for commission of suicide. Even though there are no ingredients attracting the offences under Sections 498-A and 306 of IPC, the investigating agency has filed the charge sheet for those offences. Hence, this Court is of the view that the present proceedings initiated against the petitioners are liable to be quashed. The Criminal Petition is allowed and the proceedings initiated against the petitioners in P.R.C. No. 57 of 2010 on the file of Judicial First Class Magistrate, Vemulawada are hereby quashed. _______________________ JUSTICE RAJA ELANGO Date : 14.09.2011 pnb