G Jhansi Rani v. The State Of Telangana

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.2767 of 2018 ORDER:

This Criminal Petition, under Section 482 of Cr.P.C., is filed by the petitioners/accused Nos.1 to 3, seeking to quash the proceedings against them in F.I.R.No.66 of 2018 on the file of the Kushaiguda Police Station, Rachakonda Commissionerate, registered for the offences under Sections 420 and 406 read with 34 I.P.C.

2.

Heard the learned counsel for the petitioners-A.1 to A.3, learned Assistant Public Prosecutor representing the 1st respondent-State and perused the record.

3.

Learned counsel for the petitioners would submit that after four years of alleged marriage, the respondent/de facto complainant filed a petition to declare the marriage as nullity and further when the petitioner-A.1 filed an O.P. for restitution of conjugal rights, with false averments, this false case is filed by the respondent-de facto complainant in order to harass the petitioners/A.1 to A.3 and ultimately, prayed to quash the proceedings.

4.

Learned Assistant Public Prosecutor opposed the same stating that suppressing the earlier marriage, the petitioner-A.1 married respondent/de facto complainant. There are allegations against the petitioners to constitute the offences under Sections 420 and 406 read with 34 I.P.C. and ultimately, prayed to dismiss the petition.

5.

When a complaint is filed before the learned XX Metropolitan Magistrate, Cyberabad at Malkajgiri, the same was referred by the learned Magistrate under Section 156(3) Cr.P.C. to the police concerned and thereupon this crime is registered and under investigation. As per the averments of the complaint, there are allegations suppressing the earlier marriage, cheating and performance of second marriage of petitioner-A.1, by the petitioners-A.2 and A.3 with the respondent-de facto complainant. When there are also other allegations constituting cognizable offences, the issue of FIR cannot be faulted. The truth or otherwise of the allegations do require investigation. Continuation of investigation is not abuse of process of law. The petition is devoid of merits and it is liable to be dismissed. 6.

In the result, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed.

___________________________ Dr. SHAMEEM AKTHER, J Date: 07.03.2018 Ivd