IMPORTANT POINT
The court established that criminal proceedings can be quashed only when allegations do not prima facie constitute an offence, emphasizing the need for thorough investigation.

ORDER :

This writ petition is filed calling for the records in Crime No.240 of 2016 on the file of the Women Police Station, Nellore, SPSR Nellore District for the offences under Sections 498-A, 406 and 114 of I.P.C and quash the same.

2. Brief facts of the case are that, on 07-01-2007, his marriage was performed with 3rd respondent at Jwalamuki Goddess Temple, Varigonda, T.P Gudur Mandal, S.P.S.R. Nellore District, and they lived happily for three years, and thereafter they shifted to Cheruku Thota, NTR Nagar, Nellore. Later the 1st petitioner assured 3rd respondent that he would take her to Army Quarters after a year, and also advised her to join as Teacher, as the 3rd respondent has completed Hindi Pandit Course, that there will be demand for Hindi Teacher in the Northern States. Believing the same, she joined as Private Teacher in a Private School and working as such. Later, due to some disputes, the 1st petitioner refused to join the 3rd respondent. While so, the 3rd respondent has brought the said issue to the notice of the Commanding Officer through Zillah Sainik Welfare Officer. Basing on the complaint of the 3rd respondent, the Police, Women Police Station, Nellore, S.P.S.P. Nellore District-2nd respondent has registered a case in Crime No.240 of 2017 for the offences punishable under Sections 498-A, 406 and 114 of I.P.C and proceeding with the investigation.

It is also stated that, the District Sainik Welfare Officer has brought the complaint of the 3rd respondent to the notice of the 1st petitioner Commanding Officer, who inturn has directed the District Sainik Welfare Officer to enquire into the matter. Thereafter, the District Sainik Welfare Officer has addressed a letter in Ref.CF/15775411/KJRK/205/A dated 30.06.2014 to the District Collector, Y.S.R District to ascertain the genuinity of the Marriage Certificate produced by the 3rd respondent, as the same was obtained from MRO, Gopavaram. In-turn the District Collector, Y.S.R.District has issued the proceedings in Ref.No.C1/601/M/2014, dated 22-07-2014 to the Revenue Divisional Officer, Rajampet requesting him to go through the contents and submit the detailed report along with relevant documents, enquiry report and specific remarks in the matter for submission to the concerned Officer. Inturn, as per the directions issued by the Revenue Divisional Officer, Rajampet the Tahsildar, Gopavaram has enquired about the genuinity of the marriage Certificate submitted by the respondent No.3 and submitted her report in Ref.B/295/2015, dated 04-05-2015 to the effect that, the details of the marriage Certificate, dated 15-02-2013 is not found in their office records. On receiving the copy of the same, the Col, SOB (D and V) HQ, Southern Command has closed the proceedings in C/2408112/2215/DV-3, dated 16.06.2016. In the report submitted by Tahsildar, Gopavaram, holding that, the Marriage certificate produced by 3rd respondent was found to be fake. Upon receipt of the proceedings dated 16.06.2016 the 3rd respondent hatched a plan to implicate the 1st petitioner in criminal case and narrated a concocted story and succeed in implicating the petitioners in the present case. Hence, the present writ petition.

3. This Court vide order dated 11.04.2017, while issuing Rule Nisi, has granted interim stay of all further proceedings pursuant to registration of Crime No.240 of 2016 on the file of 2nd respondent, until further orders.

4. Heard Sri D.Dorababu, learned counsel representing Sri V.R.Reddy Kovvuri, learned counsel for the petitioners and learned Assistant Government Pleader for Home for the respondents.

5. On hearing, learned counsel for the petitioners while reiterating the contents made in the petition, submitted that there was no prima facie evidence of marriage of the 1st petitioner with 3rd respondent and the marriage certificate dated 15.02.2013 issued by the Tahsildar was found to be not genuine by the letter of the Tahsildar, Gopavaram dated 4.5.2015. Therefore, learned coun