Arumalla Siva Vara Prasad v. The State Of Andhra Pradesh,

HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.42851 of 2016 ORDER:

This writ petition is filed seeking to declare the action of the 3rd respondent in calling the petitioners to office on behest of the father of 4th respondent and forcing to settle the issue with the 4th respondent without any crime against the petitioner, as illegal and arbitrary and consequently to direct the 3rd respondent not to take custody or arrest.

Heard and perused the material available on record. The case of the petitioners is that the 4th respondent is the daughter-in-law of petitioners 1 and 2 and the 3rd petitioner is the son of petitioners 1 and 2 and the marriage between the 4th respondent and the 3rd petitioner was performed on 25.02.2015 at Tenali, Guntur District and that after marriage, the 4th respondent stayed at Coimbatore for a period of 10 months with the 3rd petitioner and after that, the 4th respondent left the 3rd petitioner and stayed at Coimbatore separately since January, 2016, for attending her job. On the behest of the father of the 4th respondent, the 4th respondent lodged a compliant against the 3rd petitioner in Crime No.90 of 2016, dated 22.02.

2016, at Saravanam Patti Police Station, Coimbatore and in the said crime, the police arrested the 3rd petitioner on the same day and released him after three days. The main grievance of the petitioners is that the 3rd respondent, on the behest of the father of the 4th respondent, is calling the petitioners to the police station and forcing to settle the matter, without registering any crime against the petitioners for any cognizable offence.

Considering the facts and circumstances of the case, without expressing any opinion on merits, the Writ Petition is disposed of with the following direction:

The 3rd respondent is directed not to interfere with the affairs of the petitioners and the 4th respondent, more particularly, with the matrimonial disputes pending between them. However, this order will not stand in the way of the 3rd respondent to register a case, if any complaint is lodged against the petitioners for cognizable offence and if any such complaint is registered against the petitioners, the 3rd respondent is directed to follow the due process of law during the course of investigation. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

____________________ RAJA ELANGO, J Date: 9th December, 2016 KL