K. SANKARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of Code of Criminal Procedure, 1973 (for short "Cr.P.C")seeking quash proceedings in C.C.No.380 of 2018 on the file learned I Additional Chief Metropolitan Magistrate, Visakhapatnam registered for the offences punishable under Ss. 498-A, 341, 323, 506 r/w 34 of IPC.

(2.) The petitioner herein is accused No.1 and husband of the de facto complainant/2nd respondent in the above C.C.No.380 of 2018. The 2nd respondent is the de facto complainant

(3.) The case of the 2nd respondent is that, the marriage of the petitioner and the 2nd respondent was performed on 9/2/2000 at Sarada Kalyana Mandapam, Visakhapatnam as per Hindu Rites and Caste Customs and they were blessed with male child in the year 2001. In the interregnum period, the 2nd respondent suffered with psychological problem and did not join the petitioner though the matter was placed before elders and thereafter both of them filed cases against one another before various courts. On 8/11/2015 at 09.00 hrs., the complainant lodged a report with the police against the petitioner alleging that in March-2015 the family court issued orders that Rs.10,000.00 should be paid to the complainant and her son towards maintenance and the arrears of Rs.9,90,000.00 as salary attachment. Though the petitioner works in the port trust, he did not wish to give the maintenance granted by the Court, but however, he promised to look after the respondent No.2 and her son in a good manner and that he will place them in a rented house. Believing the same, the respondent No.2 and her son went with the petitioner herein, but, the petitioner did not place them in a rented house as promised; instead kept them at the 2nd respondent's parents house with a condition that she won"t approach the Court. On 5/11/2015, the petitioner took them to the petitioner's house at Darapalem, Chinnagadhili Mandal. Immediately on the next day i.e. 6/11/2015, when the 2nd respondent questioned the petitioner about his attitude, she was beaten by the petitioner. Getting scared, the respondent No.2 went upstairs, pursuant to which the petitioner along with his mother pulled the respondent No.2 by catching her tuft and dragged her to the bedroom, where they have tried to kill the respondent No.2 by putting a pillow on her nose. After escaping from such an attempt, the 2nd respondent has dialed 100.