THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3044 of 2009 ORDER: Petitioners – A1 to A3 approach this Court with a prayer to quash the proceedings in C.C.No.434 of 2008 on the file of the III Additional Judicial Magistrate of First Class, Rajahmundry, whereby they are facing charge for the offence punishable under Section 498-A read with 34 of IPC. Heard both sides. A reading of the complaint discloses that the entire allegations are against the first petitioner, who is the husband of the de facto complainant. The allegation against A-1 is that he demanded dowry and also assaulted and necked her out from the house. As far as petitioners 2 and 3 are concerned, neither in the complaint nor in the statement or charge sheet, nothing specifically stated except the word ‘A2 and A3 also instigated A1’. There is no explanation or any statement to enable how petitioners 2 and 3 instigated A1. Whether A2 and A3 are also part to the demand of dowry and the harassment in connection with demand of dowry. Absolutely nothing is there against petitioners 2 and 3 are concerned. Hence, this Court is of the view that the continuation of the proceedings against A-2 and A-3 in C.C.No.434 of 2008 on the file of the III Additional Judicial Magistrate of First Class, Rajahmundry, is nothing but abuse of process of law. Hence, the proceedings in C.C.No.434 of 2008 are quashed against petitioners 2 and 3. Learned Magistrate is at liberty to proceed against the first petitioner, who is the husband of the de facto complainant. In any event, considering the submissions made by the learned counsel for the petitioners, the presence of the first petitioner, who is the husband of the de facto complainant is dispensed with before the trial Court except the dates on which the learned Magistrate insists for his appearance and he shall be properly represented through his counsel. With the above observation, the Criminal Petition is partly allowed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 1st March 2011, Rns.