VIJAYA SARADHI VAJJA Vs. DEVI SRIROPA MADAPATI

JUDGEMENT

(1.) By means of filing this petition under Section 482 Cr.P.C. petitioner seeks to quash the proceedings in Cr.No.410 of 2004 of Banjara Hills Police Station, Hyderabad initiated against him for the offence under Sections 498A and 506 IPC.

(2.) Factual matrix leading to filing this petition briefly stated as under:

(3.) The complainant lodged a compliant alleging that her marriage was performed with the petitioner-A1 on 16-08-1995 and they lived happily in USA for 81/2 years and had a son-Raviteja on 06-04-2000; petitioner developed illegal contact with Anju Kapoor for the last 3 years and tortured her both mentally and physically since then. He threatened for her life and targeted her son in his vicious threats and blackmailed her in every aspect and coerced to sign a custody decree and also a divorce, which he has later used to get married to Anju Kapoor. He also threatened that if she did not sign the papers, he would drag her to the US courts, which is a very expensive affair. He also took possession of her passport and blackmailed that he will not give the same until she sign the divorce papers. She signed those documents under great pressure and mental agony. The same was happened in USA where she had no support from family or friends. In view of the same, she has to left the States and came to Hyderabad to protect herself. Her mother-in-law-Pramila Vajja, who resides in Siddam Setty Apartments, Ashok Nagar, Hyderabad made threats that petitioner-A1 will take the child with him and he can visit Hyderabad at any time. Apart from the same, she has been receiving calls from the US Consulate in this regard for the past few days. Therefore, she requires protection from the petitioner and her in laws. On the basis of the said complaint, police registered the above crime for the offence under Section 498A and 506 IPC and proceeded with the investigation, which is now sought to be quashed on the ground that the complaint under Section 498A IPC is inconsistent with her application filed in the Family Court for restitution of conjugal rights and it was filed only with a view to prevent the petitioner from participating in the proceedings before the Family Court filed by her for child custody and restitution of conjugal rights under the threat of his arrest whenever he visits India. The complainant made wild allegations against the petitioner and his mother, whereas in the civil proceedings she has stated that she wants the petitioner to live with her as husband. By an order dated 06-04-2005 in FCAMP.No.79 of 2005 in FCA No.33 of 2005 this court was pleased to permit the petitioner to visit the child, if he comes down to India any time before the date of final hearing of the appeal. In view of the same, continuation of investigation is nothing but harassment and liable to be set aside. Further, the allegation of wild harassment was in USA and they never lived together in India much less Hyderabad and relate to the period prior to decree of divorce obtained on 04-01-2004. Since she is no more a wife on the date when the complaint was lodged, continuing the proceedings is nothing but abuse of process and liable to be quashed.