Shaik Sirajun v. Syed Asma

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.2 7 2 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/ A.2 to A.5, seeking to quash the proceedings in Crime No.57 of 2018 on the file of the Vempalli Police Station, YSR Kadapa District, registered for the offence under Section 498-A of I.P.C. 2 .

Heard the learned counsel for the petitioners/ A.2 to A.5, learned Assistant Public Prosecutor representing the 2nd respondent-State and perused the record.

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The learned counsel for the petitioners/ A.2 to A.5 would submit that charge sheet is not yet filed in this case and 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 TwoJudge 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, and in view of the fact that the matter is at crime stage, the Investigating Officer of the instant crime 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 investigation of the case.

1 2017 (2) ALT (Crl.) 393 (SC)

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The Criminal Petition is disposed of accordingly. Pending Miscellaneous Petitions, if any, shall stand closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 06th March, 2018 Bvv