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Judgment
B. Seshasayana Reddy
This Criminal Petition has been taken out u/s 482 Cr.P.C. by A3 Vagiri Raja Kumari in P.R.C.No.55 of 2011 on the file of II Additional Judicial Magistrate of First Class, Tanuku, West Godavari District, to quash the proceeding therein, against her.
A report came to be presented by the victim girl on 03.01.2011 before the Station House Officer, Iragavaram Police Station, West Godavari District, alleging, inter alia, that A1 Kombothula Ratna Kumar @ Chinnari has intercoursed with her against her will and thereupon promised her to marry. It is also stated in the report that the petitioner herein prevailed upon her to continue the contacts with A1, assuring her marriage with A1. Subsequently, A1 refused to marry her. The petitioner herein allegedly threatened her with dire-consequences. Basing on the said report, a case in Crime No.2 of 2011 for the offences under Sections 417, 376, 506 and 109 IPC came to be registered. After due investigation, Inspector of Police, Penugonda Circle, filed charge- sheet before II Additional Judicial Magistrate of First Class, Tanuku, West Godavari District. The learned Magistrate took the charge-sheet on file as P.R.C.No.55 of 2011. Hence, this Criminal Petition by A3 u/s 482 Cr.P.C. seeking the relief stated supra.
Heard learned counsel appearing for the petitioner and perused the material brought on record.
Learned counsel appearing for the petitioner submits that the petitioner is a Lecturer in Sidhardha College, Tanuku and the accusations leveled against her in the report presented by the de facto complainant is highly unbelievable and therefore, continuation of proceedings against the petitioner in P.R.C.No.55 of 2011 amounts to abuse of process of Court.
I have gone through the charge-sheet filed by the Inspector of Police, Penugonda Circle, before II Additional Judicial Magistrate of First Class, Tanuku, West Godavari District. It is trite to refer relevant portion of the charge-sheet, which reads as hereunder:
On the same day the A-3 Vagiri Raja Kumari asked the L.W.1 to contact the A-1 saying that it is her responsibility to perform marriage between her and the A-1 Kombothula Ratna Kumar. Later, the A-1 made phone calls to her and made believe her that he would perform marriage with her and he would not beat her. Since then the accused A-1 is continuously performing sexual intercourse wither by making false promise of performing marriage with her. Matters stood like thus, on 10.12.10, the L.W.1 demanded the A-1 to perform marriage with her or else she would disclose the matter in her house. But the accused refused to marry her.
Again on 12.12.2010 in the morning at about 10.00 A.M., A-2 Gunde Suresh Babu @ Babji came to the house of L.W.1 and stated that he would pay money for her marriage and asked the L.W.1 to perform marriage with another man or else threatened to see the end of her and her family and went away. The A-1 also demanded in the same manner and demanded the L.W.1 to return his cell phone. Further, the A-3 threatened the L.W.1 and demanded the L.W.1 to return the cell phone to the A-1 Kombothula Ratna Kumar or else her entire family would have to face further consequences. On that the L.w.2 and L.w.3 placed the matter before the elders, but in vain. When there was no other option, L.W.1 along with L.W.2, L.W.3 and L.W.4 came to Iragavaram Police Station and gave a report on 03.04.2011 at 1.00 P.M.
The investigation revealed that the petitioner herein assured the de facto complainant of her marriage with A1 and subsequently, threatened her with dire-consequences. Such is the material against the petitioner herein, the proceedings in P.R.C.No.55 of 2011 on the file of II Additional Judicial Magistrate of First Class, Tanuku, West Godavari District, cannot be quashed against her.
Accordingly, the Criminal Petition is dismissed.