Boya Madhu Mohan, v. Boya Mallikarjuna,

THE HON'BLE SMT JUSTICE T.RAJANI CRIMINAL PETITION NO.2620 OF 2011 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in C.C.No.336 of 2010 on the file of the Judl. Magistrate of I Class, Kalyandurg, Anantapur District. 2.

Heard the learned counsel for the petitioners and the learned Public Prosecutor appearing for the 2nd respondent. None appears on behalf of the 1st respondent in spite of notice being served on him.

3.

The counsel for the petitioners submits that as per the allegations made in the complaint, A1 eloped with A2, who is allegedly the wife of the complainant. He submits that according to the marriage certificate issued by the Registrar, A1 and A2 are husband and wife. But the genuineness of the said certificate has to be gone into unless the same is admitted and not refuted by the complainant, the same cannot be relied upon at the stage of quashing the proceedings. Hence, unless the genuineness of the document is adjudged, it is not advisable to quash the proceedings. 4.

Therefore, the Criminal Petition is dismissed.

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

______________ T.RAJANI, J DATED: 03-11-2017.

Hsd