Shaik Mohammad Ali v. Ameer Fathima

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.1635 of 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/accused seeking to quash the proceedings against them in C.C. No.1907 of 2016 on the file of the Judicial Magistrate of First Class, Nalgonda, Nalgonda District, for the offences under Section 498-A I.P.C. and Section 4 of the Dowry Prohibition Act.

2.

Heard the learned counsel for the petitioners/accused, learned Assistant Public Prosecutor representing the respondent-State and perused the record.

3.

Learned Assistant Public Prosecutor would submit that the Police Officer investigated the case and filed the charge sheet and it is numbered as indicated above and the case is squarely covered by Rajesh Sharma and Others v. State of U.P. and Another1. 4.

The petitioners-accused can raise all contentions before the trial Court at the stage of hearing, before charges are framed, if necessary by filing an application under Section 239 Cr.P.C. and it is also open to the petitioners to file an application under Rule 37 of the Criminal Rules of Practice to consider their case to be represented one among them. 5.

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 Rajesh Sharma's case supra, the matter requires to be referred by the learned 1 2017 (2) ALT (Crl.) 393 (SC)

trial Magistrate to the Committee to be constituted for report to consider any reconciliation and settlement and if it is not settled, then to proceed with the trial of the matter on merits.

6.

The Criminal Petition is disposed of accordingly. Pending Miscellaneous Petitions, if any, shall stand closed. _______________________ Dr. SHAMEEM AKTHER, J 19th February, 2018 siva