(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure by the petitioners/Accused Nos.1 to 3 in Crime No.24 of 2010 of Chirala I Town Police Station to quash the entire proceedings in P.R.C.No.46 of 2010 on the file of the Additional Judicial Magistrate of the First Class, Chirala, against them.
(2.) I have heard Sri Bal Reddy, learned senior counsel, representing Sri Nimmagadda Satyanarayana, learned counsel for the petitioners-A.1 to A.3 and the learned Additional Public Prosecutor, appearing for the 1st respondent-State. There is no representation for the 2nd respondent-de facto complainant.
(3.) The 2nd respondent-de facto complainant gave a report to the Station House Officer, Chirala I Town Police Station, alleging that the 1st petitioner- A.1 loved her and developed physical contacts with her by promising to marry her. Subsequently, when the 2nd respondent-de facto complainant insisted to marry, he refused to marry her and the petitioners 2 and 3 (A.2 and A.3), being the mother and maternal uncle of the 1st petitioner-A.1, supported the 1st petitioner-A.1 and also abused the 2nd respondent-de facto complainant in filthy language indicating her caste name. According to the 2nd respondent-de facto complainant, she belongs to Erukula community, a scheduled tribe, whereas the petitioners belong to Kapu community, an upper caste, and therefore 1st petitioner-A.1 refused to marry her and petitioners 2 and 3 (A.2 and A.3) abused her in her caste name stating that how a girl of Erukula community can marry a boy belonging to a forward caste. Basing on the said report, a case in Cr.No.24 of 2010 of Chirala I Town Police Station came to be registered against the petitioners for the offences punishable under Section 420 of I.P.C. and Sections 3(1)(x) and 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.