Syed Fayazuddin And 2 Others v. State Of Ap., And Another

HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL PETITION No.3990 of 2018 ORDER:

This petition is filed under Section 482 Cr.P.C by the petitioners/A1 to A3 seeking to quash the proceedings in Crime No. 96 of 2018 of Railway Kodur Police Station, Kadapa District, registered against them for the offences under Sections 498(A), 324, & 506 read with 34 IPC and Sections 3 &4 of dowry Prohibition Act, 1961.

When the matter came up for hearing, learned counsel for petitioners/A1 to A3 would submit, the FIR was registered on 19.2.2018 and so far police have not referred the matter to the Family Welfare Committee, as contemplated in the decision of Hon'ble Apex Court in Rajesh Sharma Vs. State of Uttar Pradesh1, and thus requested this Court to give a direction to investigating agency to refer the matter to the concerned Family Welfare Committee so as to explore the possibility of conciliation among parties. Learned Additional Public Prosecutor reported no objection. In that view of the matter, the Investigating Officer in this case is directed to refer Crime No. 96/2018 along with parties to the concerned Family Welfare Committee to follow the procedure contemplated in the aforesaid decision. Till the Committee submits its report, needless to say that the Investigating Officer shall not arrest the petitioners/A1 to A3. 1 2017 (2) ALD (Crl.) 568 (SC)

UDPR, J CRP NO. 3990 OF 2018 Accordingly, the Criminal Petition is disposed of. As a sequel there to, miscellaneous applications, pending if any, shall stand closed. _________________________ U.DURGA PRASAD RAO, J Date: 16.04.2018 KA Note: Furnish copy by tomorrow