Ch.Mallikarjun v. State Of Telangana

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.867 OF 2018 ORDER:

This petition is filed by the petitioners-A1 to A3 under Section 482 Cr.P.C. to quash the proceedings in Cr.No.556 of 2016 on the file of the Station House Officer, Women Police Station, Hyderabad, registered for the offences punishable under Sections 498-A and 406 IPC and 4 and 6 of Dowry Prohibition Act.

2.

Heard the learned counsel for the petitioners, learned Assistant Public Prosecutor representing the State and perused the record.

3.

The petitioners herein are A1 to A3 in Cr.No.556 of 2016 and the de facto complainant, who is the 2nd respondent herein is the wife of petitioner-A1. 4.

Learned Assistant Public Prosecutor would submit that the case is squarely covered by RAJESH SAHRMA AND OTHERS V STATE OF U.P. AND ANOTHER.

5.

Since the dispute between the parties is marital related dispute, it is apt to rely on the above decision. In view of the orders of this Court, dated 31.07.2017 in Crl.P.No.6493 of 2017 relying upon the latest two Judge Bench expression of the Apex Court, dated 27.07.2017 in Crl.A.No.1265 of 2017 (SLP (Crl.) No.2013 of 2017) in RAJESH SHARMA supra, the matter requires to be referred by the learned trial Magistrate to the Committee to be constituted for report to consider any reconciliation and settlement and if it is not settled, then to proceed with the trial of the matter on merits.

6.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this petition shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 30-01-2018.

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