T V MANOHAR Vs. STATE OF AP

JUDGEMENT

(1.) This Criminal Petition, under Section 482 Cr.P.C., has been filed by the petitioner to quash the proceedings in C.C. No. 10 of 2008 on the file of the III Additional Judicial Magistrate of First Class, Tirupati.

(2.) The second respondent herein is the de facto complainant in the Criminal Case. The de facto complainant lodged a complaint against the petitioner herein and her case is as follows. She married one A.B. Ram Kumar in the year 1987 and that they were blessed with a male child. It is alleged that the said A.B. Ram Kumar developed illicit relationship with another woman, which led to the divorce between the second respondent and said A.B. Ram Kumar. The specific case of the second respondent is that subsequently she married the petitioner in the year 1997 and that they lived happily for about one year and subsequently the petitioner started suspecting her character. It is also alleged that the petitioner started abusing her and beating her and that he had taken away Rs. 80,000/- and 30 sovereigns of gold ornaments on different occasions. It is also her case that she was doing saree business and the petitioner used to take away sarees and sell them and harass her. It is also her case that on 27.05.2006 the petitioner beat her with a stick and also on 28.12.2006 at about 8.00 AM he beat her and thrown her out of his house and that he had also abused and beat her mother. It is also alleged that the petitioner used to threaten to kill the second respondent and her son who was born through her first husband and also her mother. It is also her case that till the date of filing complaint, she had given about Rs. 3,00,000/- to the petitioner. Basing on the said complaint, FIR was registered in Crime No. 274 of 2006 of Alipiri Police Station, Chittoor District. The police, after completing investigation, laid charge sheet.

(3.) Initially an objection was raised by the office of the learned Magistrate that proof of marriage was not filed. Then it was represented that as per Section 50 of the Indian Evidence Act proof of marriage is not required. On such endorsement and having considered the material placed on record, the learned Magistrate has taken cognizance of the offence under Section 498A and 323 IPC and Section 4 of the Dowry Prohibition Act and issued process against the petitioner.