Vibudhi Krishna v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.5702 of 2017 ORDER:

This petition is filed under Section 482 Cr.P.C. to quash the proceedings against the petitioner/accused No.5 in Crime No.277 of 2017 on the file of the Station House Officer, L.B.Nagar L & O Police Station, Cyberabad, Ranga Reddy District, registered for the offences under Sections 498-A, 323, 506 and 354 IPC and Sections 4 and 6 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. He further submitted that the second respondent foisted a false case against the petitioners, therefore, it is a fit case to quash the proceedings. Per contra, learned Assistant Public Prosecutor for the State of Telangana 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 petitioner is accused No.5 and the second respondent is the de facto complainant. The marriage of the second respondent was performed with A1 on 15.08.2014 at Saroor Nagar, Hyderabad as per Hindu rites and caste customs. Due to one

reason or other, bad weather prevailed in the family life of the second respondent and accused No.1. As per the allegations made in the complaint, on 17.12.2016 the petitioner entered into the house of the second respondent and misbehaved with her. It is further alleged that the petitioner herein threatened the second respondent with dire consequences if she discloses his behaviour to other family members. 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 petitioner has committed the alleged offence 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 Punjab1, State of Haryana v. Bhajan Lal2, V.Y.Jose v. State of Gujarat3 and Teeja Devi v. State of 1 AIR 1960 SC 866 2 AIR 1992 SC 604 3 (2009) 3 SCC 78

Rajasthan4, 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 Bihar5, the Station House Officer, L.B.Nagar L & O Police Station, Cyberabad, is hereby directed to follow the procedure as contemplated under Section 41-A Cr.P.C. in Crime No.277 of 2017 so far as the petitioner/accused No.5 is concerned.

7.

With the above direction, the Criminal Petition is disposed of. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J Date: 17.07.2017 Rns 4 2015 (1) ACR 564 (SC) 5 (2014) 8 SCC 273