CHANDA PAPA RAO Vs. STATE

JUDGEMENT

(1.) In these petitions, the petitioners seek quashing of the proceedings in C.CNo. 818 of 1996 on the file of the Additional Judicial First Class Magistrate, Hyderabad West and South, Ranga Reddy District in which they have been prosecuted for an offence under Section 498-A IPC.

(2.) Criminal Petition No. 4705 of 1997 has been filed by the husband of the de facto complainant, who is facing charge under Section 498-A IPC in Crime No. 57 of 1996, which was registered at Kukatpally Police Station on the complaint given by the de facto complainant. The proceedings are sought to be quashed on the ground that at the relevant time, the petitioner had already divorced his 302 A.L.T. (Criminal) [2002 wife, i.e., the de facto complainant, in the Superior Court, State of Connecticut U.S.A., under judgment of that court dt. 22-11-1996, which has become final. It is averred that to take revenge against the petitioner, the de facto complainant lodged a false report before Kukatpally Police Station alleging that she was subjected to harassment by himself, his brothers and sisters in connection with demand for additional dowry of Rs. 60,000/- and 10 tolas of gold. When the quash petitions came before the learned Single Judge (Vaman Rao, J. as he then was), he felt that in view of the conflicting judgments of different High Courts, it would be better that the matter be placed before the Division Bench. Thus, these petitions were placed before our court by the directions of the Hon'ble Chief Justice.

(3.) We are not much concerned with any other details involved in the above cases. The question referred by the learned Judge for determination is as under: