THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the petitioner-respondent seeking to quash the proceedings against him in DVC No.142 of 2019 on the file of Additional Judicial Magistrate of First Class (Special Mobile) at Karimnagar.

2. Heard Sri G. Raghu, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.3-State.

3. Notice sent to respondent No.1 to the address available on record was returned unserved with an endorsement that ‘No such person’ and hence, it is deemed to be served.

4. The learned counsel for the petitioner has submitted that the petitioner herein is the husband of respondent No.1 and that he is facing false allegations in DVC No.142 of 2019 filed against him and that on earlier occasion, the respondent No.1 has filed a case under Section 498-A IPC against the petitioner, which ended in acquittal. He further submitted that the petitioner has obtained divorce against the respondent No.1 and the respondent No.1 has not preferred any appeal against the said divorce decree, thus, it has attained finality. He further submitted that the petitioner has lodged a complaint against the respondent No.1 and her brother as they beat him on 13.03.2025 and the said case is also pending. He further submitted that after leading marital life for a considerable period and after begetting two sons, the present complaint is lodged with false allegations and continuation of proceedings in the present case would be an abuse of process of law. He, therefore, prayed to quash the proceedings against the petitioner.

5. Learned Additional Public Prosecutor has submitted to pass appropriate orders in the petition.

6. The parties are hereinafter referred to as they were arrayed before the trial court.

7. Perused the record.

8. The wife filed DVC No.142 of 2019 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘DVC Act’) against the husband and another before the III-Additional Judicial Magistrate of First Class, Karimnagar. The recitals of the said petition show that the marriage between the petitioner and the respondent No.1 was a love marriage. It is alleged by the petitioner that Rs.50,000/- cash was given as dowry, apart from the household articles and gold worth Rs.50,000/- and that out of the wedlock, they blessed with two male children. It is further averred that the respondent No.1 was demanding additional dowry of Rs.3,00,000/-. It is further borne out by record that petitioner has filed a complaint vide Crime No.27 of 1997 under Section 498-A, 323 and 506 IPC as the respondent No.1 used to harass her saying that if she does not bring the additional dowry, he would marry another girl of his choice. During the pendency of the said criminal case, the respondent No.1 married the respondent No.2 on 09.05.1997 without obtaining any divorce from the petitioner. Hence, she filed another case vide CC No.202 of 1997 and also filed a suit for partition vide O.S .No.94 of 1997 for the sake of children. As a counter blast to that case filed under Section 498-A IPC and also in CC 202 of 1997, the respondent No.1 got instituted a false case vide CC No. 241 of 2002.

9. Thereafter, at one time, the respondent No.1 has offered to compromise the disputes, by offering Rs.3,75,000/- to the petitioner and half share in the property of the respondent No.1 to the children, but later on, he again went back on his words and started abusing on the character of the petitioner and has filed a petition seeking divorce. It is further alleged that the respondent No.1 and his second wife-respondent No.2 started abusing the petitioner in filthy and un-

parliamentary language. Thus, the DVC was filed.

10. There are allegations prima facie pointing out the case against the respondent No.1-husband. The contention of the learned counsel for the respondent No.1 is that the decree of divorce granted in HMOP is not challenged b