HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.4823 of 2009 ORDER: This criminal petition is filed under section 482 Cr.P.C. for quashing further proceedings against the petitioners-A.2 to A.4 in CC No.316 of 2007 on the file of the Additional Judicial First Class Magistrate, Gudivada. 2. Heard the learned counsel for the petitioners. None appeared for the 2nd respondent. Perused the record. 3. Based on the complaint given by the 2nd respondent, police registered a case in Cr.No.58 of 2007 of Gudlavalleru PS and after investigation, filed charge sheet against the petitioners-A.2 to A.4 and another i.e., A.1 for the offences under Sections 417, 506 read with 34 IPC. According to the complainant, A.1 and herself were studying in the same college and subsequently, A.1 got a job as Police constable and he promised to marry LW.1 and they both fell in love and they visited various places and moved out freely and subsequently, A.1 started postponing the marriage on some pretext or the other, but however continued intimacy with LW.1 and ultimately, about 2 months prior to giving complaint, when the complainant insisted upon A.1 to marry, A.1 refused to marry her saying that she belong to ‘mala’ community and he belongs to ‘gowda’ community and abused her in the name of caste. The only allegation made against the petitioners-A.2 to A.4 is that in March 2007 when the complainant along with LW.4 approached the petitioners-A.2 to A.4 seeking their intervention to perform the marriage of the complainant with A.1, they also abused her in filthy language and threatened her. During the course of investigation, it was found that the complainant did not belong to ‘scheduled caste’ as per the certificate issued by the Tahsildar and therefore, the alleged offence under section 3(1)(ix) of the SC & ST (POA) Act 1989 was deleted. Thereafter, the charge sheet was filed alleging the offence under Section 417 IPC against A.1 and the offence under section 506 read with 34 IPC against the petitioners-A.2 to A.4. Except making vague allegation against the petitioners-A.2 to A.4 to the effect that they abused the complainant and threatened her, there is absolutely no incriminating material gathered against them in support of the said allegation so as to warrant further proceedings against them. In the absence of any such material prima-facie attracting the ingredients of the alleged offence, continuance of further proceedings based on vague allegations contained in the charge sheet against the petitioners-A.2 to A.4 is nothing but abuse of process of law. It is, therefore, considered a fit case where further proceedings against the petitioners-A.2 to A.4 are liable to be quashed by invoking the inherent powers of the Court under section 482 Cr.P.C. and accordingly they are quashed. The proceedings against A.1 however can go on. 4. In the result, the criminal petition is allowed to the extent stated above. __________________ G.V.SEETHAPATHY, J Date: 24.11.2011 bss