REYYA MAHESH Vs. PEDABILLI VIJAYA

JUDGEMENT

(1.) IN this petition filed under Section 482 Cr.P.C, the petitioners/A1 and A2 seek to quash the proceedings in Cr.No.89 of 2014 of Salur Rural PS, Vizianagaram District.

(2.) ON the report given by defacto complainant, the police of Salur Rural PS registered FIR No.89 of 2014 against the accused for the offences under Sections 417, 376 and 109 IPC. A1 is the son of A2. Accused and defacto complainant belong to Reyyivanivalasa in Salur Mandal. The allegations are that A1 went behind the defacto complainant on the guise of loving her and had repeated sexual intercourse with her on the false promise of marrying her and ultimately defacto complainant became pregnant and knowing this news when the parents of defacto complainant raised dispute before the elders, A1 denied his responsibility and A2 who is the father of A1, refused to heed the advice of elders and refused to perform the marriage between A1 and defacto complainant on the ground that they belong to different castes. The investigation is reported to be pending.

(3.) DENYING the allegations, learned counsel for petitioners/A1 and A2 sought for quashment on the submission that a false case was filed to implicate the accused and even if the FIR allegations are accepted to be true, still the offence under Section 376 IPC will not attract against A1. Nextly, sofaras A2 is concerned, learned counsel argued absolutely no case is made out against A2 because he is not responsible for the alleged false promise made by A1 to the complainant and therefore, his abetting any of the offences does not arise merely because he refused to perform the marriage between A1 and defacto complainant. He thus prayed to quash the proceedings.