Smt. Nirmala Rajeswari Prakasam Dt And 2 Otrs. v. Smt.Maragoni Swapna Rr.Dt And ANR Rep Pp.

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.7810 of 2017 ORDER :

The petitioners are A.2 to A.4 of C.C.No.224 of 2017 on the file of the XIV Metropolitan Magistrate, Cyberabad at L.B.Nagar, where the learned Magistrate taken cognizance for the offences punishable under Section 498-A IPC and Sections 3 & 4 of Dowry Prohibition Act, which is outcome of Crime No.238 of 2016 dated 06.12.2016, on the report of the 1st respondent-defacto complainant no other than wife of A.1. 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.

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.

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), and since it is stated that the A1 is available in India, 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. ___________________________ Dr. B. SIVA SANKARA RAO, J Date: 18.09.2017 pab