CRLP/1344/2009 of Sri Kalab, Vs The State of A.P., on 31 December 2010

O R D E R:

This petition is filed under Section 482 of Cr.P.C. for quashing theproceedings against the petitioners/A.8 to A.11 in C.C.No.81 of 2008arising out of Crime No.116 of 2008 of Pakala Police Station, pending onthe file of the Judicial First Class Magistrate, Pakala.

Heard the counsel for the petitioners. None appeared forrespondent No.2.

The petitioners’ counsel has pleaded that the petitioners are A-8, A-9, A-10 and A-11 in the above said C.C.No.81 of 2008 and the chargesheet was filed against them along with the other accused, for the offenceunder Sections 420 and 417 IPC r/w 109 IPC. The present petitioners,who are A-8 to A-11, are charged only for the offence under Section 109IPC, whereas A-1 was charge sheeted for the offence under Sections 420and 417 of IPC.

As per the allegations made in the charge sheet, it is evident thatthe present petitioners only supported A-1 in marrying another lady andrejecting the love affair with respondent No.2. Even in the First InformationReport also, the respondent No.2 has stated that when she came to knowabout A-1 proposing to marry another lady, she approached the presentpetitioners to help her in resisting the said marriage, but they have notaccepted her request and they have stated that they are going to supportA.1. Apart from the mere allegation that the present petitioners supportedA.1 in marrying another lady, there is no material on record to show that the present petitioners have instigated or abated A.1 in committing thealleged offences. Therefore, there is no prima facie material to prosecutethe present petitioners under Section 109 of IPC. Hence, the petitionersare entitled for quashing of the proceedings against them in C.C.No.81 of2008, pending on the file of the Judicial First Class Magistrate, Pakala.

Accordingly, the Criminal Petition is allowed and the proceedingsagainst the petitioners in C.C.No.81 of 2008, pending on the file of theJudicial First Class Magistrate, Pakala, are hereby quashed.

31[st] December, 2010

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JUSTICE P.DURGA PRASAD

PNV