Shaik Jainul v. The State Of Andhra Pradesh

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.1 4 9 1 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.3 to 7, seeking to quash the proceedings in C.C.No.311 of 2017 on the file of the VI Additional Junior Civil Judge, Guntur, registered for the offences under Sections 498-A, 506 of I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961. 2 .

Heard the learned counsel for the petitioners/ accused Nos.3 to 7, learned Assistant Public Prosecutor representing the 1st respondent-State and perused the record.

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The learned counsel for the petitioners/ accused Nos.3 to 7 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 consider any reconciliation and settlement; and, if it is not settled, then to proceed with the trial of the case. Till the report 1 2017 (2) ALT (Crl.) 393 (SC)

is placed before the Court concerned, the personal appearance of the petitioners herein/ accused Nos.3 to 7 before the Court below is dispensed with.

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The Criminal Petition is disposed of accordingly. Pending Miscellaneous Petitions, if any, shall stand closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 09th February, 2018 Bvv