Chandrasekhar , S.N.Sekhar v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.5867 OF 2017 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioners/Accused Nos.2 to 5 in Crime No.830 of 2017 on the file of the Station House Officer, KPHB Police Station, Cyberabad, registered for the offences punishable under Sections 498-A IPC and 3 and 4 of Dowry Prohibition Act.

2.

Learned counsel for the petitioners submitted that the allegations made in the complaint do not constitute any offence, much less the offences alleged to have been committed by the petitioners. Per contra, learned Assistant Public Prosecutor submitted that the allegations made in the complaint prima facie constitute the offences alleged to have been committed by the petitioners.

3.

A perusal of the record reveals that the petitioners are A2 to A5 and the 2nd respondent is the de facto complainant in Cr.No.830 of 2017. The marriage of the 2nd respondent was performed with A1 on 08-03-2015 at Brundavan Gardens, Wanaparthy, Mahaboobnagar District, as per Hindu Rites and Caste Customs.

As per the allegations made in the complaint, at the time of marriage, the parents of the 2nd respondent gave cash of Rs.5,00,000/-, 50 tulas of gold, a house plot worth Rs.10,00,000/- and articles worth of Rs.50,000/- towards dowry. It is further alleged that the petitioners subjected the 2nd respondent to cruelty for additional dowry. It is further alleged that A4 has taken the debit and credit cards of the 2nd respondent and withdrawn money and utilized the same.

4.

While exercising the inherent power under Section 482 Cr.P.C., the Court has to take into consideration the

allegations made in the complaint only. The Court is not justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint at the initial stage of investigation. Whether the petitioners have committed the alleged offences or not will come to light during the course of investigation. The material placed before the Court is prima facie sufficient to investigate into the matter in order to ascertain the truthfulness or otherwise of the allegations made in the complaint. 5.

Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.KAPOOR V. STATE OF PUNJAB 1, STATE OF HARYANA V. BHAJAN LAL 2, V.Y.JOSE V. STATE OF GURAJAT 3 and TEEJA DEVI V. STATE OF RAJASTHAN 4, I am of the considered view that it is not a fit case to quash the criminal proceedings at the threshold.

6.

Taking into consideration the facts and circumstances of the case and also the principle enunciated by the Supreme Court in ARNESH KUMAR V. STATE OF BIHAR 5, the Station House Officer, KPHB Police Station, Cyberabad, is hereby directed to follow the procedure as contemplated under Section 41-A Cr.P.C. in Crime No.830 of 2017 so far as the petitioners/A2 to A5 are concerned.

7.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any pending in this petition shall stand closed.

_________________________ T.SUNIL CHOWDARY, J DATED:19-07-2017 Hsd 1 AIR 1960 SC 866 2 AIR 1992 SC 604 3 (2009) 3 SCC 78 4 2015 (1) ACR 564 (SC) 5 (2014) 8 SCC 273