Nagari Rukmni v. The State Of Telangana

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.7431 of 2017 ORDER:

The petitioners are A.2 to A.4 of C.C.No.373 of 2015 on the file of the XIII Additional Chief Metropolitan Magistrate Court II Additional Judicial First Class Magistrate, Hyderabad, where the learned Magistrate taken cognizance for the offences punishable under Sections 498-A & 509 r/ w 34 IPC and Section 4 & 6 of D.P.Act, which is outcome of Crime No.358 of 2014, dated 15.12.2014, on the report of the 2nd respondent-de facto complainant no other than wife of the 1st petitioner/ A.1.

2.

The police after investigation filed final report and the learned Magistrate taken cognizance for the offences supra. At the post cognizance stage, the quash petition is filed. 3.

The petitioners can raise all these contentions before the trial Court at the stage of hearing before charges, if necessary, by filing application under Section 239 Cr.P.C. and it is also left open to file application under Rule 37 of the Criminal Rules of Practice to consider after hearing for one to represent others.

Crlp_7431_2017 Dr.SSRB,J 4.

In view of the order of this Court, dated 31.07.2017, in Crl.P.No.6493 of 2017 relying upon the latest two Judge Bench expression of the Apex Court, dated 27.07.2017, in Crl.A.1265 of 2017 (SLP (Crl.) No.2013 of 2017 in Rajesh Sharma & Others Vs. State of U.P. & Another), the matter requires to be referred by the learned 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 trial on merits. Accordingly and in the result, the Criminal Petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE Dr. B.SIVA SANKARA RAO September 4, 2017 LMV