Jella Ramesh v. Jella Latha

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD CRIMINAL PETITION NO.7011 OF 2011 ORDER:

This Criminal Petition is filed under Section 482 of the Criminal Procedure Code to quash the proceedings in Crime No.126 of 2011 on the file of Police Station, Siddipet (Rural), Medak District. Registered for the offence punishable under Section 494 of the Indian Penal Code.

2.

The first respondent is the complainant and petitioners 1 to 8 are the accused. The case of the complainant is that she is the wife of petitioner No.1 and the first petitioner without obtaining divorce, has married the second petitioner on 25-05-2011. 3.

Heard the learned counsel appearing for the petitioners. 4.

It is seen from the record that notice has been served on the first respondent/complainant on 20-09-2011, but there is no representation on behalf of the first respondent. The learned counsel appearing for the petitioners would submit that as per their family tradition, a mutual consent divorce has been obtained on 08-06-2009 and an amount of Rs.50,000/- (Rupees fifty thousand only) has been paid by the first petitioner and the same has been received by the first respondent.

5.

In view of the above reasons, the requisites under Section 494 of the Indian Penal Code are not violated.

6.

Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.126 of 2011 on the file of Police Station, Siddipet (Rural), Medak Strict are quashed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ________________________ T.AMARNATH GOUD, J Date: 06-10-2017 Shr