High Court for State of TelanganaCRLP/6452/2011allowed no costs

Kum Asra, D/O Aaluddin , v. The State Of Andhra Pradesh

2018-08-14T. Rajani3 pages

SMT. JUSTICE T. RAJANI CRIMINAL PETITION NO. 6452 OF 2011 O R D E R :

This Criminal Petition is filed under section 482 of Cr.P.C., seeking quash of the Proceedings in Crime No.240 of 2011 of Women Police Station, Central Crime Station, D.D. Hyderabad, registered for the offences punishable under section 498-A, 406 of I.P.C. and Section 4 and 5 of Dowry Prohibition Act, against the petitioners/A-4 to A-6.

2. Heard Sri K.Goverdhan Reddy, learned counsel appearing for the petitioners/A-2 to A-6 and the learned Public Prosecutor representing the State/first respondent. None appears for the second respondent/defacto complainant.

3. The petitioners figured as A-2 to A-6. The counsel for the petitioners contends that the offences alleged are under section 498-A, 406 of I.P.C. and section 4 and 5 of Dowry Prohibition Act. The counsel for the petitioners submits that the names of these petitioners do not figure in the statement of the defactocomplainant. The petitioners 1 and 2 are minors aged about 15 and 14 years and the third petitioner, who is aged 20 years, who is a student. A perusal of the statement of the complainant shows that no allegations are made against these petitioners. Hence, in view of the above, this Court opines that further proceedings in Crime

No.240 of 2011 of Women Police Station, Central Crime Station, D.D. Hyderabad, registered for the offences punishable under section 498-A, 406 of I.P.C. and Section 4 and 5 of Dowry Prohibition Act, against the petitioners/A-4 to A-6 would only result in abuse of process of law.

4. Hence, in view of the above, the Criminal Petition is allowed and all further proceedings in Crime No.240 of 2011 of Women Police Station, Central Crime Station, D.D. Hyderabad, registered for the offences punishable under section 498-A, 406 of I.P.C. and Section 4 and 5 of Dowry Prohibition Act, against the petitioners/A-4 to A-6 be and are hereby quashed.

5. As a sequel, miscellaneous petitions if any, pending in this Criminal Petition shall stand disposed of.

JUSTICE T . R A J A N I 14-08-2018 I s L

SMT. JUSTICE T. RAJANI CRIMINAL PETITION NO. 6452 OF 2011 [ RESULT :: A L L O W E D ] Circulation No. 273 Date: 14-08-2018 Court Master : I s L [Re-typed]