High Court for State of TelanganaCRLP/12739/2015dismissed

Gottipati Nageswaramma v. Gottipati Sowmya

2015-12-03T.Sunil Chowdary2 pages

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.12739 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C., to quash the proceedings against the petitioners/A2 to A7 in Crime No.67 of 2015 on the file of the Station House Officer, Parchur Police Station, Prakasam District registered for the offences punishable under Sections 498A IPC and Sections 3 and 4 of Dowry Prohibition Act.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State.

3. The petitioners are A2 to A7 and first respondent is de facto complainant in Crime No.67 of 2015. As per the allegations made in the complaint, the petitioners subjected the first respondent to cruelty for additional dowry. Whether the petitioners subjected the first respondent to cruelty or not will come to light during the course of investigation.

4. It is a settled principle of law that the Court has to take into consideration the allegations made in the complaint while exercising the inherent power under Section 482 Cr.P.C., in order to quash the proceedings. The allegations made in the complaint are prima facie sufficient to investigate into the matter.

5. Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.Kapoor v. State of Punjab, State of Haryana v. Bhajan Lal, V.Y.Jose V State of Gurajat and Teeja Devi v. State of Rajasthan, I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.

6. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners/A2 to A7 during the pendency of the investigation. Taking into consideration the nature of the allegations made in the complaint and also the principle enunciated in Arnesh Kumar v State of Bihar, the Station House Officer, Parchur Police Station, is hereby directed to follow the procedure as contemplated under Section 41A Cr.P.C., in Crime No.67 of 2015 so far as the petitioners/A2 to A7 are

concerned.

7. With the above direction, the criminal petition is dismissed. Miscellaneous petitions, if any pending in the criminal petition, shall stand closed. _________________________ T.SUNIL CHOWDARY, J December 03, 2015.