Manthena Srinivas v. The State Of A.P.,

SMT JUSTI CE T. RAJANI CRI MI NAL PETI TI ON No.1 0 0 5 0 of 2 0 1 1 ORDER:

This petition is filed, seeking for quash of the proceedings against the petitioner, who is A5, in Crime No.547 of 2011 on the file of Chilakalguda Police Station, Hyderabad. The offences alleged against the petitioner are under Section 498A IPC. 2.

Heard the counsel for the petitioner and the Public Prosecutor, appearing for the 1st respondent. None appears for the 2nd respondent in spite of notice.

3.

A5 is stated to be the son-in-law of A2 and A3, who are senior paternal uncle and aunt of A1. A perusal of the complaint would show that except one allegation, that on 26.08.2011 this petitioner also went along with others to the house of the brother of the de facto complainant and expressed that the complainant was not heeding to their words and that they cannot be held responsible if something happens in future, no other allegations are made. The said words, even if taken to be true, cannot constitute any offence under Section 498A IPC. 4.

Hence, from the above, this court opines that there is no case against the petitioner, which attracts the offence alleged against him, and that continuation of proceedings against the petitioner would be an abuse of process of law. Accordingly, the Criminal petition is allowed and the proceedings against the petitioner, who is A5, in Crime No.547 of 2011 on the file of Chilakalguda Police Station, Hyderabad, are hereby quashed.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_ _ _ _ _ _ _ _ _ _ T. RAJANI , J August 23, 2018 LMV