Daggumalli Venkata Siva Kumar v. The State Of Ap

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Criminal Petition No.4954 of 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners-accused, to quash the proceedings in Crime No.3 of 2018 on the file of Ongole Women Police Station, Prakasam District, registered for the offences punishable under Sections 498-A of I.P.C. and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

2.

Heard the learned counsel for the petitioners-accused, learned Assistant Public Prosecutor representing the 1st respondent-State and perused the record.

3.

The learned counsel for the petitioners-accused 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 Rajesh Sharma and Others Vs. State of U.P. and Another1 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 Two-Judge Bench expression of the Apex Court, dated 27.07.2017, in Criminal Appeal No.1265 of 2017 (SLP (Crl.) No.2013 of 2017) in Rajesh Sharma'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)

5.

The Criminal Petition is disposed of accordingly. Pending Miscellaneous Petitions, if any, shall stand closed. _____________________ Dr. SHAMEEM AKTHER, J 02nd May, 2018 Bvv