THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2405 OF 2011 DATED 18th MARCH, 2011. BETWEEN : Gattu Vaman Rao .. Petitioner-accused and The State of A.P. & others .. Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2405 OF 2011 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings in C.C.No.216 of 2009 on the file of the Additional Judicial First Class Magistrate, Karimnagar, for the offence under Section 324 of Indian Penal Code. Heard. Allegations against the petitioner-accused are that he developed extra marital relationship with the wife of L.W.1 for which L.W.1 raised objection and warned his wife. Keeping the same in mind, on 06.03.2007 accused beat L.W.2, the daughter of L.W.1, with stick on right hand and neck and caused injuries demanding her to leave the company of her mother, who is staying with him. Petitioner-accused is a tenant in the house of second respondent- complainant. The third respondent-T.Rama Devi herein is the wife of the complainant. 6th respondent herein is the daughter of the second and third respondents and she is also the injured person. The petitioner, third respondent-wife of the complainant and the injured person Varshini are present before the Court. The other daughter is also present before the Court. Along with the present criminal petition, an affidavit of the wife of the complainant, who is the third respondent herein, is filed, which runs as follows: “ …….. 2) I respectfully submit that my husband T.Raja Mouli filed two complaints one is dated 07-03-2007, which registered as Crime No.49 of 2007 of P.S. Karimnagar, II- Town Police after investigation filed Charge Sheet and numbered as CC No.216 of 2009 on the file of the Additional JFCM-cum-Protection of Civil Rights Court, At Karimnagar for the offences under section 324 of I.P.C. and one more complaint is filed for the offence under section 497, 498 and 506 of I.P.C., which is registered as Crime No.79 of 2007, P.S. Karimnagar, I-Town, dated 08.03.2007 police after investigation filed charge sheet in C.C.No.802 of 2009 on the file of the Additional JFCM, at Karimnagar. Subsequently, it was transferred to the Addl. JFCM-cum-Protection of Civil Rights Court, at Karimnagar and re-numbered as CC No.583 of 2009. 3) I submit that my husband is arrested the wises and he was involved in narcotic cases and was remanded, prior to that I have filed a private complaint against my in-laws, who were harassing me at the instructions of husband for selling away the property which stands in my name. 4) I submit that the allegations levelled in the complaint regarding to causing injury to my last daughter and allegation of illegal intimacy with petitioner is only a concocted and baseless allegations and is made only with a view to take vengeance against me and the petitioner who were fighting for justice against the acts of the police in the court of law. 5) I therefore request this Hon’ble Court kindly consider the victim is deaf and dumb in one case and in another I am innocent of the allegations levelled. And further submit that the allegations levelled by the complainant/my husband are false and only invented to seek vengeance in connivance with the police against the petitioner and me. I therefore pray this Hon’ble Court may be pleased to quash the proceedings against the petitioner and pass such other order or orders as this Hon’ble Court may deems fit and proper in the interest of justice……” In view of the submissions made by the wife of the complainant in the above referred affidavit, this Court is of the view that there is no need to proceed against the petitioner further and the present complaint is liable to be quashed. Accordingly, the criminal petition is allowed and the proceedings in C.C.No.216 of 2009 on the file of the Additional Judicial First Class Magistrate, Karimnagar, are hereby quashed. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. ________________________ JUSTICE RAJA ELANGO Dated : 18.03.2011 sur