Mallepudi Prathap Raju v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.9870 of 2015 ORDER:

This petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings against the petitioners/A1 to A3 in Crime No.66 of 2015 of Kurnool Women Police Station, registered for the offences punishable under Sections 498A, 420 and 506 IPC and Sections 4 and 6 of Dowry Prohibition Act.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State.

3. A perusal of the record reveals that the petitioners are A1 to A3 and the second respondent is the de facto complainant in Crime No.66 of 2015. The first petitioner is the husband and petitioner Nos.2 and 3 are parents-in-law of the second respondent. As per the allegations made in the complaint, the petitioners subjected the second respondent to cruelty for additional dowry. It is further alleged that the petitioners threatened the second respondent with dire consequences.

4. It is a settled principle of law that the Court has to take into consideration the allegations made in the complaint while exercising the inherent power under Section 482 Cr.P.C., in order to quash the proceedings. The allegations made in the complaint are prima facie sufficient to investigate into the matter.

5. Having regard to the facts and circumstances of the case and also the principle enunciated in R.P.Kapoor v. State of Punjab, State of Haryana v. Bhajan Lal, V.Y.Jose V State of Gurajat and Teeja Devi v. State of Rajasthan, I am of the considered view that this is not a fit case to quash the criminal proceedings at the threshold.

6. The learned counsel for the petitioners submitted that the concerned Station House Officer may be directed not to arrest the petitioners. In view of the orders passed by this Court on 05.10.2015, the Station House Officer, Kurnool Women Police Station is hereby directed not to arrest the petitioners/A1 to A3 till completion of the investigation.

7. With the above direction, Criminal Petition is dismissed. Miscellaneous Petitions,

if any, pending in this Criminal Petition shall stand closed. _________________________ T.SUNIL CHOWDARY, J November 27, 2015.

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