Syed Nazeem Hussain v. The State ,Through Public Prosecutor

SMT JUSTI CE T.RAJANI CRI MI NAL PETI TON No.1 2 3 3 9 OF 2 0 1 1 ORDER:

This petition is filed, by the petitioners, seeking for quash of the proceedings against them in C.C.No.524 of 2010 on the file of the court of Additional Judicial Magistrate of First Class at Karimnagar. The offences alleged are under Section 406 r/ w 34 IPC and Section 6 of the Dowry Prohibition Act, 1961. 2.

Heard the counsel for the petitioners and the Public Prosecutor appearing for the 1st respondent. None appears for the 2nd respondent in spite of notice.

3.

The counsel for the petitioners submits that the de facto complainant is no more and he also files a copy of the death certificate pertaining to the de facto complainant showing that he died on 27.07.2011.

4.

Notice was also served on the father of the de facto complainant, but he does not appear in spite of the said notice. 5.

Considering the above, this court opines that continuation of further proceedings against the petitioner would be an abuse of process of law.

6.

With the above observations, the Criminal Petition is allowed and the proceedings in in C.C.No.524 of 2010 on the file of the court of Additional Judicial Magistrate of First Class at Karimnagar, against the petitioners, are hereby quashed.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

_ _ _ _ _ _ _ _ _ _ T.RAJANI , J December 3, 2018 LMV