Sri. A. Shiva Prasad v. The State Of Telangana
HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CRIMINAL PETITION No.1345 OF 2017 ORDER:
The petitioner herein, who is arraigned as sole accused in Crime No.21 of 2017 of Saroornagar Women Police Station, Rachakonda, requests to quash the First Information Report in the said Crime under Section 482 of the Code of Criminal Procedure, 1973.
2. The petitioner alleged to have committed the offence punishable under Section 498A IPC.
3. Sri T. Surya Satish, learned counsel for the petitioner, would submit that respondent No.2 herein has no locus to file such a complaint, as even according to the complaint, it is her third marriage with the petitioner and she has not filed any documents showing that her first husband's death had occurred earlier and, thereafter, she married and her second husband died and, thereafter, married the petitioner herein. Even otherwise, the marriage has to be construed as void under law and, therefore, to quash the proceedings in the aforesaid crime.
4. The learned Additional Public Prosecutor for the State of Telangana, would draw the attention to the complaint averments and, thus, resisted the request.
ASN,J Crl.P. No.1345 of 2017
5. The complaint averments are to the effect that the de facto complainant originally was married to one B. Surender Kumar on 02.06.2004 and through him she has begotten a male child and, thereafter, in the month of June, 2005, divorce was effected between them. Subsequently, in the month of May, 2011, she was married to one T.K. Praveen Kumar by the elders in a temple, but he was suffering from health problem and having learnt the same, she was keeping herself away from him and in the month of December, he died. Thereafter, the petitioner herein working as Cashier in State Bank of India, got conveyed through his staff members that he would marry the de facto complainant, to which, she agreed, and on 18.04.
2013, their marriage was performed in Saibaba Temple at Uppal, by which time, she was residing at Mallapur with her child as a tenant, and on 26.07.2013, she took a house on rent at Gandhar 17/104, Sahara Estates and since then their marital life went on happily. On 28th October, she met with an accident, she complained the same to the petitioner, but he was not taking her to the hospital. On 16.1.2017, there was a settlement between them and a document was written, wherein the petitioner admitting about taking place of their marriage on 18.04.
ASN,J Crl.P. No.1345 of 2017 sent to her that he was found missing and even a notice was received by her from the Court. On 17.01.2017, when she approached Sri A. Suresh, brother of her husband, to enquire about her husband, he along with his wife - Neelima beat her seriously and got written in the notice that her first husband died in the accident, second husband died due to liver problem and the house at Mallapur belonging to her was taken possession by the creditors.
6. When kept in view, the aforesaid allegations finding place in the complaint, unless the investigation is done, truth cannot be unravelled. Thus, there is no merit in the petition. Therefore, the Criminal Petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending in the petition, stand closed.
__________________________ A. SHANKAR NARAYANA, J February 28, 2017.
Mgr