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Raheem Khan

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The petitioners filed the present petition to quash the proceedings by contending that the first petitioner filed O.S.No.112 of 2004 for restitution of the conjugal rights against the daughter of the second respondent and the same is pending for trial. The first petitioner is ready to take back the daughter of the second respondent and he is not sending his daughter along with the first petitioner. The daughter of the second respondent filed Maintenance Case No.2 of 2005 before the Additional Judicial Magistrate of First Class, Nizamabad seeking maintenance and the Court granted interim maintenance of Rs.1,000/- per month and during the course of examination, she admitted that there is no demand of dowry by the first petitioner. The second respondent also filed a private complaint against the petitioners and five others under Section 498-A IPC and the same is numbered as C.C.No.885 of 2005 before the Additional Judicial Magistrate of First Class, Nizamabad. The learned Magistrate taken the present case on file without taking into consideration of pendency of the case between the parties and other circumstances. The daughter of the second respondent is separately living since May 2004 and from then onwards, the first petitioner has not seen her in anywhere except in the Court. Therefore, there is no cause of action to file the present case. The petitioners 2 to 11 are living separate from 03.09.2004 and after partition they are no way concerned with the happenings between the first petitioner and the daughter of the second respondent. Therefore, the proceedings are liable to be quashed against the petitioners.

THE HONOURABLE Dr. JUSTICE G. YETHIRAJULU Criminal Petition No.5900 of 2006 10-04-2007 Mohammad Maqeenuddin Ahmed and 10 others The State of Andhra Pradesh, rep.by its Public Prosecutor, High Court of A.P., Hyderabad. 2. Mohd. Raheem Khan Counsel for petitioners: Mr.Ch. Janardhan Reddy Counsel for respondent No.1: Public Prosecutor Counsel for respondent No.2: C. Nagender :ORDER: … Continue reading

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