THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.10181 OF 2022
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/A1 to quash the proceedings against him in C.C.No.20 of 2020 on the file of Special Judicial First Class Magistrate for Excise Cases at Manoranjan Complex, Nampally, Hyderabad. The offences alleged against the petitioner are under Sections 494, 420 and 506 r/w.34 of the Indian Penal Code.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State. Perused the record.
3. The 2nd respondent filed complaint alleging that this petitioner/A1 was having illicit intimacy with his wife/A2. Petitioner had developed acquaintance with A2 knowing that she was s married lady. Petitioner and A2 were also blessed with two children. When questioned by 2nd respondent about the relation, it is alleged that A1 and A2 threatened the 2nd respondent with dire consequences.
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4. Learned Counsel appearing for the petitioner would submit that the question of cheating does not arise as none of the ingredients of cheating are made out. Secondly, the offence under Section 494 of the Indian Penal Code cannot be taken cognizance by the Magistrate as there is a bar under Section 198(1) of Cr.P.C. Accordingly, prayed to quash the proceedings against the petitioner/A1.
5. On the other hand, learned Additional Public Prosecutor submits that the Court has rightly taken cognizance of the offence under Section 494 of the Indian Penal Code in view of the Judgment rendered by this Court in Miryala Divya and 5 others v. Govt. of A.P.1, in Crl.P.No.554 & 1198 of 2011, dt.19.09.2014.
6. An offence under Section 494 of the Indian Penal Code is attracted when a spouse marries again during the subsistence of his or her marriage. In the present case, it is not the case of the prosecution that this petitioner was married earlier and while his marriage was subsisting, he married Accused No.2. For the said reason, Section 494 of the Indian Penal Code is not attracted. 1 2015(1) ALD (Crl) 115 3
7. To attract an offence under Section 420 of the Indian Penal Code, there has to be a fraudulent mis-representation pursuant to which a person must have been induced and thereby the induced person should have delivered some property. Even accepting the allegation that A1 was having illicit intimacy with A2, it would not attract the offence under Section 420 of the Indian Penal Code.
8. Though there is a mention that this petitioner had threatened the 2nd respondent of dire consequences, the specific details of such threats or utterances, are not mentioned by 2nd respondent. For the said reason the offence under Section 506 of the Indian Penal Code, is also not made out.
9. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/A1 in C.C.No.20 of 2020 on the file of Special Judicial First Class Magistrate for Excise Cases at Manoranjan Complex, Nampally, Hyderabad, is hereby quashed.
Miscellaneous applications pending, if any, shall stand closed.
__________________ K.SURENDER, J Date: 27.03.2023 tk 4 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.10181 OF 2022 Dt. 27.03.2023 tk