Hulemma And 4 Others v. State Of A.P. And Another

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4502 of 2016 ORDER:

This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) to quash the proceedings in crime No.12 of 2016 on the file of the Ananthapur Mahila Police Station, Ananthapur District, registered for the offences under Sections 498-A, 307, 343, 403, 406 and 506 IPC read with Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Heard and perused the material.

On perusal of the entire material available on record, prima facie there are allegations against the petitioners, which are to be investigated into by the police. Hence, this Court is not inclined to quash the impugned proceedings at this stage.

Considering the fact that the allegations insofar as offence under Section 307 IPC are concerned, they are against the husband (A.1) of the de facto complainant. The case is arising out of matrimonial disputes and as such, the police are directed to complete the investigation without arresting the petitioners herein and file final report, if any, in accordance with law. The police are directed to issue notice to the petitioners for their appearance for the purpose of investigation and the petitioners are also directed to appear and cooperate with the investigating agency. The petitioners are also directed to submit an Undertaking for their future appearance for the purpose of investigation.

The Criminal Petition is accordingly disposed of. Miscellaneous Petitions pending in this Criminal Petition, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 31.03.2016 pln