SARADA Vs. STATE OF A P

JUDGEMENT

(1.) Petitioners who were accused 3 and 4 invoke the inherent powers of this court to quash the proceedings in C.C.No. 30 of 1997 on the file of the Judicial Magistrate of First Class, Hindupur.

(2.) It is necessary to have look at the background of the facts in the criminal complaint one Dr. Lokendranath married one Dr. P. Basaveswari on 16-5-1985 at Kumool. On account of certain differences in between them, a divorce petition by mutual consent under Section 13(B) of the Hindu Marriage Act was filed in the year 1990 in O.P.No. 218 of 1990 on the file of the Principal Subordinate Judge, Kurnool. The decree of divorce was passed on 4-3-1991. It is the case of the complainant viz., Mubasheera Meenakshi that on 4-7-1989 her marriage was performed with the said Dr. Lokendranath at Lakshminarasimha swamy temple at Peddadalavatam Village by exchanging garlands during the subsistence of his marriage with Dr. Basaveswari. It is also alleged that the said Dr. Lokendranath and Mubbasheera @ Meenakshi lived together as wife and husband for a period of three years in the house bearing Door No. 3/5/27-A situated near Balaji Talkies, Hindupur and for another period of three years in the house bearing Door No. 26/4/623/B situated in Melapuram street and finally shifted to the house bearing Door No. 3/247, situate in Sevamandir. It was further alleged that she conceived a male child Suseelnath Sai on 11-2-1994 in the Government Hospital, Hindupur. It is further alleged that on 31-12-1994 the petitioners and other accused including Dr. Lokendranath necked Mubbasheera @ Meenakshi and her son out of his house and put a lock to the house.

(3.) On the strength of the report given by the said Mubbasheera @ Meenakshi, a case was registered under Sections 147, 323,341 r/w 149 IPC and thereafter the Inspector of Police laid the charge-sheet on 21-12-1996 which was taken on file on 1-2-1997 under Sections 147,448, 323, 341 r/w 149 IPC and Sections 494 r/w 109 IPC and 498-A thereafter, charges were framed under Sections 147, 448, 323, 341, 494, 498-A, 109 & 494 of IPC. Aggrieved by the same accused 3 and 4 preferred this petition.