To quash the proceedings pending against the petitioners for the offences punishable under Sections 498-A and 494, IPC, they have filed these two criminal petitions.

2. Petitioners in Cri. P No.2802 of 2005 are the Accused Nos. 1 to 5 in C.C.N No.34 of 2003 on the file of the Judicial First Class Magistrate, Metpally. The second respondent is the wife of A.1. On her complaint made before the Police Station, Metpally, Karimnagar District, F.I.R. No.219 of 2002 dated 17-122002 was registered for the offence punishable under Sections 498-A and 494, IPC read with Section 109, IPC. After the investigation charge-sheet has been filed, which is numbered as C.C.No.34 of 2003 on the file of the Judicial First Class Magistrate, Metpally, for the said offences. The facts as per the charge-sheet are that after nine years of marriage of A.l with the second respondent, he again married A2 on 20-11-2002 with the abetment of A2 to A5 and without the consent of the second respondent. Thereafter, Al started harassing the second respondent physically and mentally on the instigation of A2 and threatened her to leave the house on the instigation of A3; otherwise he would kill her by pouring kerosene, while threatening so he forcibly necked her out of the house.

3. Petitioner in Crl.P.No.3837 of 2005 is the husband of the de facto complainant second respondent herein and accused in C.C. No.190 of 2004. On a complaint given by the second respondent before the Station House Officer, Raikode Mandal, Medak District, F.I.R. No.8 of 2003 dated 5-2-2003 was registered against the accused for the offence under Sections 498-A and 494, IPC. After the investigation, the charge-sheet was filed on 31-3-2004, which is numbered as c.c. No.190 of 2004, on the file of the Judicial First Class Magistrate, Zahirabad, Medak District. As per the contentions of the charge-sheet the accused married the second respondent in a temple and they are blessed with a son and a daughter aged about 7 and 4 years respectively. Later the accused denied the paternity of the children and got married for the second time with the daughter of L.W.2. The DNA test conducted on the accused, second respondent and the two children to establish the paternity of the children disclosed that the accused is the biological father of the said two children through the second respondent. It is further stated that the accused on the pretext that the second respondent belonged to lower caste i.e. S.C. Mala married A.2.

4. Heard the learned Counsel for the petitioners, learned Additional Public Prosecutor and the learned Counsel appearing for the second respondent.

5. Arguments have been advanced on behalf of the petitioners stating that marrying again during the life time of husband or wife is punishable under Section 494 of Indian Penal Code, 1860 (for short 'IPC'), which falls under Chapter XX of IPC, and, such husband or wife, shall be punished with imprisonment of either description for a term which may extend to 7 years and also with fine, but under Section 198(1) of the Code of Criminal Procedure, 1973 (for short 'the Code') no Court shall take cognizance of an offence punishable under Chapter XX of IPC except upon a complaint made by some person aggrieved by the offence. Under Section 198(1)(c) of the Code where the person aggrieved by an offence punishable under Sections 494 and 495, IPC is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister with the leave of the Court, by any other person related to her by blood, marriage or adoption. It is stated that there is bar for taking cognizance by the Magistrate on a police report as the Court is competent to take cognizance of a complaint made by some person aggrieved by the offence. In the instant cases, on the reports made by the second respondents about the alleged second marriage of their husbands and the alleged harassment meted out to them,