Bindi Mallikarjun Goud v. The State Of Telangana

\ \ [ 32s1 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No: 1389 OF 2023 Between:

'1. Bindi Mallikarjun Goud, S/o Bindi Sudharshan Goud, Aged about 57 years, Occ. Govt Employee, R/o, 2-2-1032, Mahankali Temple, Amberpet, Hyderabad, Telangana 50001 3

2. Bindi Devika, Wo, Bindi Mallikar.jun Goud Aged about 55 years, Occ. House Wife, R/o, 2-2-1032, Mahankali Temple, Amberpet, Hyderabad, Telangana 500013.

...PETITIONERYACCUSED No.4&5 AND

1. The State of Telangana, Station House Officer, WPS INSP(DD), HYD(Hyderabad) Represented through its Public Prosecutor, High Court for the State of Telangana at Hyderabad

2. Smt P.Yamuna Goud, Wo P.Venkat Vishal Goud , aged about 29 years, Occupation.Doctor, R/o H.No 2-2-30012, Bagh Amberpet, Hyderabad-s0001 3. Telangana.

...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in F.l.R. No.64 of 2023 before the Police Station WPS INSP(DD), HYD(Hyderabad) and quash the same against the Petitioners/Accused No.4 AND 5 l.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the flling of the certified copy of FIR in F.l.R. No.64 of 2023 before the Police Station WPS INSP(DD), HYD(Hyderabad)

l.A. NO: 2OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including arrest of the petitioners / Accused No.4 & 5 in F.l.R. No.64 of 2023 betore the Police Station WPS INSP(DD), HYD(Hyderabad) pending disposal of the above Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M.S. ACHYUTH BHARTHWAJ, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No.'l and None Appeared for the Respondent No.2 The Court made the following: ORDER L

THE HONOURABLE SRT JUSTICE K.SURENDER CRIMINAL PETITION No.L389 OF 2023 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners-Accused Nos.4 and 5 to quash the proceedings against them in FIR No.64 of 2023 pending on the file of Station House Officer, Women Police Station INSP (DD), Hyderabad, registered for the offences punishable under Sections 49A-A, 4O6 and 5O6 of the Indian Penal Code (for short "IPC") and Section 3 and 4 of Dowry Prohibition Act (for short "DP Act").

2.

Heard learned counsel for the petitioners-Accused Nos.4 and 5 and learned Additional Public Prosecutor for the respondent - State. Perused the material on record. \ \ \ 3.

As seen from the record, the crime was registered on \ the basis of complaint of respondent No.2 de-facto complainant as there are disputes between her and accused No. 1.

4.

Since the disputes are amongst the spouses, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.64 of 2023 per.ding on the file of Station House Officer, Women Police Station INSP (DD), Hyderabad, to conclude the investigation without taking any coercive steps against the petitioners-Accused Nos.4 and 5, by strictly following the procedure laid down under Section 4 1-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihart. The petitioners-Accused Nos.4 and 5 shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation. 5.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand -l closed.

,,TRUE COPY/'

^S,l!i^",lYiEe['Alil i. li SECTION OFFICER ./ to'

r. ,n" Xlll Additional chief Metropolitan Magistrate at Nampally' Hyderabad'

2. The station House officer, wps lNSp(DD), HyD(Hyderabad), Hyderabad n : "'

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4. One CC to SRI M'S' ACHYUTH BHARTHWAJ' Advocate TOPUCI

5. Two CD CoPies Kam ^*'r-

t HIGH COURT DATED:10 10212023 rHE S s oo \e, \\ q .) 2 2 FEB 20n

ORDER

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CRLP.No.1389 of 2023 DISPOSING OF THE CRIMINAL PETITION [\\ff- ',XO