THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8582 of 2011 ORDER: Petitioner approaches this Court by invoking the provisions under Section 482 Cr.P.C. with a prayer to quash the proceedings against him in C.C.No.289 of 2011 on the file of the I Additional Judicial Magistrate of First Class, Proddutoor, whereby he is arrayed as an accused and facing charge for the offence punishable under Section 498(A) and 506 of IPC. 2. Heard both sides. 3. The de facto complainant lodged a complaint against the petitioner herein and another person, who is the husband of the de facto complainant for an offence under Section 498(A) and 506 of IPC. The petitioner herein is the brother of A1 and brother-in-law of the complainant. The allegation as per the charge sheet runs as follows: “L.W.1 informed the acts of her husband to A2 and called him to Proddatur to give advise to A1. But A2 instead of condemning the acts of A1, he also supported the acts of A1 and further threatened L.W.1 that not to intervene in the indecent acts of A1 since he is male and if she intervene in the acts of A1, he also giving his support to A1. Due to unbearable harassment of A1 and A2, L.W.1 gave a complaint to that effect on 29.05.2011 at 8.30 p.m. before L.W.9.” 4. Mere reading of the charge sheet itself, it is evident that the petitioner has not committed any crime as alleged by the complainant to attract an offence under Section 498(A) and 506 IPC. The complaint is lodged in the year 2011 even though the marriage of the complainant and the first accused took place in the year 1980. Most of the allegations are against the husband not against the petitioner herein. The petitioner has not acceded for the request of the de facto complainant to advise A1 cannot be called as an offence. Hence, the proceedings against the petitioner in C.C.No.289 of 2011 on the file of 1st Additional Judicial Magistrate of First Class, Proddutur, are liable to be quashed. 5. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner-A2 in C.C.No.289 of 2011 on the file of 1st Additional Judicial Magistrate of First Class, Proddutur, are hereby quashed. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. _____________________ JUSTICE RAJA ELANGO 20th September 2011, Rns.