THOTA VENKATA KRISHNA Vs. STATE OF A P

JUDGEMENT

(1.) These Criminal Petitions are filed under Section 482 of Cr.P.C. by the petitioners, who are A.1, A.3. A.4 and A3 seeking to quash the proceedings against them in C.C. No. 57 of 2001 pending on the file of Additional Munsif Magistrate, Parchuru, Prakasam District, for the offences punishable under Sections 420, 406, 498A r/w. Section 120B of IPC. Heard learned counsel for the petitioners as well as the learned Additional Public Prosecutor appearing for the State and learned counsel appearing for respondent No. 2 in all the petitions.

(2.) The allegations in the complaint are that the marriage of the daughter of the 2nd respondent herein/de facto complainant and the petitioner/A.1 in Crl.P. No. 3898 of 2012 took place on 29.11.1996 as per the arrangements made by the de facto complainant and the other accused persons. Subsequent to the marriage, some matrimonial disputes arose between the couple and the daughter of the de facto complainant returned from U.S.A. and again she went to U.S.A. The 2nd respondent herein/de facto complainant, who is the father of the girl-Varija, preferred the present complaint for the above said offences.

(3.) The main allegation as far as the offence under Sections 420 and 406 IPC are concerned, that A.1 informed them that he is a Doctor having obtained a degree and practicing as a doctor, but In fact, he is not a doctor and he has not obtained any such degree. The same was accepted by the investigating agency and a charge sheet was filed for the offences punishable under Sections 420 and 406 IPC. Even admitting that the entire allegations are true, the offence under Section 406 IPC cannot be attracted and the offence under Section 420 IPC only can be attracted. However, during the course of arguments, learned counsel for the petitioners produced a certificate to show that A.1 is a Doctor having obtained degree from a competent University, which is filed along with Crl.P. No. 3898 of 2012. The said fact cannot be disputed in view of the order dated 16.7.2001 passed by the Circuit Court of Cook County, Illinois and also the order dated 31.3.2004 passed by the Appellate Court of Illinois at U.S.A., when A.1 approached seeking divorce, wherein it was observed that A.1 is practicing as a Doctor.