Telangana High Court
CRLP/10733/2014 of Konduru Chaitanya Kumar Reddy Vs State of AP on 30 December 2014
S. RAVI KUMAR CRIMINAL PETITION No.10733 of 2014 ORDER: This petition is filed to quash C.C.No.513 of 2013 on the file of the V Additional Judicial Magistrate of First Class, Nellore, for alleged offences under Section 498- A IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2.
HON’BLE SRI JUSTICE S. RAVI KUMARCRIMINAL PETITION No.10733 of 2014
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ORDER:
This petition is filed to quash C.C.No.513 of 2013 onthe file of the V Additional Judicial Magistrate of FirstClass, Nellore, for alleged offences under Section 498-AIPC and Sections 3 and 4 of the Dowry Prohibition Act,1961.
2. Heard both sides.
3. Advocate for petitioners submitted that subsequentto registration of this crime, O.P.No.33 of 2014 is filed byth e de facto complainant-wife and Court also granteddivorce on 24.05.2014 and after divorce second marriagewas also performed on 15.08.2014 with one M.GirishKumar, therefore, the present C.C. would amount toabuse of process of law.
4. On the other hand, learned Public Prosecutorsubmitted that the crime is of the year 2013 andsubsequent events, if any, are no way relevant for thepurpose of deciding this case. However, the petitionerscan confront those facts during trial, if so advised.
5. Considering the submissions of both sides andconsidering the material papers filed along with the quashpetition, without going into the merits of the case, criminalpetition is disposed of giving liberty to petitioners to file adischarge petition and urge these grounds along with relevant material and that the Court below shall considerthe same and decide it on merits.
6. Miscellaneous Petitions pending, if any, shall standdismissed.
30[th] December 2014.mar
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S. RAVI KUMAR, J