Meram Bujjamma v. The State Of A.P

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6965 OF 2017 ORDER:

The petitioners are A2 and A3 of C.C.No.485 of 2016, on the file of the II Additional Judicial Magistrate of First Class, Nellore, where the learned Magistrate taken cognizance for the offences punishable under Section 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act, which is outcome of Crime No.56 of 2016, dated 23.03.2016, on the report of the 2nd respondent - defacto complainant, no other than wife of the 1st petitioner/A1.

2.

The police after investigation filed final report and the learned Magistrate taken cognizance for the offences. 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.

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 Hon'ble Apex Court dated 27.07.2017 in Crl.A.No.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. 5.

Accordingly and with the above directions, this Criminal Petition is disposed of. Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

_____________________________ DR.B.SIVA SANKARA RAO,J 09.08.2017 SS