S. Dimple, v. The State Of Andhra Pradesh, Principal Secretary Home

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 45331 of 2016 Order:

Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for the respondents 1 to 3 and learned counsel for the fourth respondent.

This Writ Petition was filed challenging the action of the second respondent in summoning the petitioner and her husband to the Police Station in connection with Crime No.153 of 2016. Admittedly, the petitioner is a major and earlier she filed W.P.No.41749 of 2016 seeking protection in view of her marriage to a boy of another community. This Court disposed of the said Writ Petition directing the police not to interfere and harass the petitioner and in-laws of the petitioner. Thereafter, the fourth respondent lodged a complaint and the same was registered as Crime No.153 of 2016 under Section 366 IPC. When the second respondent is calling the petitioner on the pretext of investigation, the present Writ Petition was filed. This Court, by order dated 26.12.2016, while adjourning the case directed the official respondents not to arrest and also not to harass the petitioner.

It appears that the police recorded a statement on 22.12.2016, wherein the petitioner stated that she and her husband got married in Hyderabad as per Arya Samaj rites. It is also stated that both of them appeared before this Court in connection with W.P.No.41749 of 2016 and stated that they married each other out of their love and affection. She also stated that she was not kidnapped.

In view of her statement, the registration of the crime does not survive. However, learned counsel appearing for the fourth respondent submits that ailing mother of the petitioner wants to see her and the learned counsel for the petitioner submitted that there is a threat to the life of the husband of the petitioner as well as to her in the hands of the fourth respondent.

In the circumstances, the third respondent is directed to facilitate the meeting of the petitioner, her husband and parents of the petitioner in his office under due protection and see that the petitioner and her husband safely reach their house after meeting. In view of the statement made by the petitioner on 22.12.2016, it is for the second respondent to take appropriate action in accordance with law. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 13.03.2017 Nsr