THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5529 of 2008 ORDER: This petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C.No.634 of 2006 on the file of the IV Additional Judicial Magistrate of First Class, Warangal registered under Sections 498-A and 506 I.P.C. The petitioner is the sole accused, the first respondent is t h e defacto complainant and the second respondent is the complainant. For convenience sake, I refer the parties as they are arrayed before the lower Court. The allegations levelled against the accused are as follows: The defacto complainant is the wife of the accused. About 19 years back, the marriage of the defacto complainant took place with the accused and they were blessed with one son and one daughter. While so, the accused was addicted to drinks and bad habits and started harassing his wife and children. Due to the said harassment his wife started staying with her parents. On that, the accused along with his friends approached the parents of his wife; promised to look after her properly; took his wife to his house and led their marital life peacefully for some time. Later, the accused started harassing his wife by suspecting her fidelity, due to which, since last 6 years, the defacto complainant has been staying with her parents along with her children. The houses of the accused and parents of the defacto complainant are situated in the same street at Kumarpally Therefore, the accused used to visit her parents’ house during night times and create nuisance by abusing the children in filthy language. Two days prior to the date of registration of the case, the accused armed with knife threatened the defacto complainant and her children with dire consequences. Section 482 Cr.P.C. can be resorted to when there is abuse of process of law and unnecessary harassment to the accused. Even as per the prosecution, since last six years prior to the date of registration of crime, the defacto complainant has been staying with her parents and children. Further, there are no specific instances of the accused visiting the house of the parents of the defacto complainant during nights, creating nuisance and abusing the children in filthy language. There are also no specific instances of the accused threatening the defacto complainant and the children with dire consequences of killing them and some body witnessing the same. The learned counsel for the accused has drawn the attention of this Court to judgments delivered in C.C.No.473 of 2002 dated 30.04.2005 registered under Sections 324 and 506 I.P.C. and C.C.No.993 of 2001 dated 07.07.2005 registered under Section 498-A I.P.C. and also under Sections 3 and 4 of Dowry Prohibition Act on the basis of reports or complaints given by the defacto complainant where under similar circumstances the accused was acquitted. Learned counsel for the accused has contended that the circumstances enumerated amply prove that it is nothing but abuse of process of law by way of subjecting the accused to harassment by foisting false cases. After examining the over all circumstances of the case, it is clear that there is no satisfactory material to proceed against the accused. It is apparent that the defacto complainant has been filing cases against the accused one after the other but she failed in her attempt to see that the accused is punished for the alleged offences. Significantly, the earlier two complaints filed by her ended in acquittal of the accused. Therefore, the petition deserves to be allowed and accordingly, it is allowed on the ground of abusing the process of law and subjecting the accused to unnecessary harassment. In the result, the petition is allowed. G. KRISHNA MOHAN REDDY,J Dt. 07.04.2011 lvl THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.5529 of 2008 Dt. 07.04.2011