Nazural Aslam , Rafeeq , Mohammed Islam v. Asrath Jabeen

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.1 1 6 3 of 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/ accused Nos.1 to 3, seeking to quash the proceedings in C.C.No.138 of 2017 on the file of the Judicial Magistrate of First Class, Atmakur, Mahabubnagar District, registered for the offence under Section 498-A, 494 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2 .

Heard the learned counsel for the petitioners/ accused Nos.1 to 3, learned Assistant Public Prosecutor representing the 2nd respondent-State and perused the record.

3 .

The learned counsel for the petitioners/ accused Nos.1 to 3 would submit that the instant case is squarely covered by the decision of the Apex Court in Raj esh Sh ar m a an d Ot h er s Vs. St at e of U.P. an d An ot h er 1.

4 .

In view of the orders of this Court, dated 31.07.2017, passed in Criminal Petition No.6493 of 2017 relying upon the latest Two-Judge Bench expression of the Apex Court, dated 27.07.2017, in Criminal Appeal No.1265 of 2017 (SLP (Crl.) No.2013 of 2017) in Raj esh Sh ar m a's case supra, the learned Magistrate is directed to refer the matter to the Committee constituted in terms of the above referred decision, for report, to 1 2017 (2) ALT (Crl.) 393 (SC)

consider any reconciliation and settlement and if it is not settled, then to proceed with the trial of the case.

5 .

The Criminal Petition is disposed of accordingly. Pending Miscellaneous Petitions, if any, shall stand closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 05th February, 2018 Bvv