Kadiyala Padmavathi, v. The State Of Telangana

THE HON'BLE MRS JUSTICE ANIS CRIMINAL PETITION No.2675 of 2015 ORDER:- This Criminal Petition is filed under Section 482 of Cr.P.C., to quash the proceedings against the petitioners/A2 to A7 in Crime No.14 of 2015 of Inavilli Police Station, East Godavari district for the offences punishable under Sections 498-A and 313 r/w.34 of I.P.C., and Sections 3 and 4 of Dowry Prohibition Act.

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

3. Learned counsel for the petitioner submitted that the second respondent foisted a false case against the petitioners herein and there are no specific allegations against the petitioners. He further submitted that the petitioners are innocent and never harassed the de-facto complainant. Therefore, he prayed the Court to quash the proceedings in Crime No.14 of 2015 of Inavalli Police Station.

4. Learned Public Prosecutor submitted that the allegations made in the complaint prima facie constitute the offences alleged. He further submitted that the investigation is not yet completed and prayed the Court to dismissed the petition.

5. A perusal of the record reveals that the marriage between the second respondent and A1 was performed on 23-10-2013. According to the second respondent, her parents gave Rs.20,00,000/- cash and Rs.2,00,000/- for sisterin-law and also gold ornaments. After the marriage they lived happily for some time. Thereafter A1 went to U.S.A. for the purpose of job. After A1 went to U.S.A. the petitioners herein, who are in-laws and in-laws of second respondent started harassing her to bring additional dowry.

6. Whether the petitioners herein harassed the second respondent for additional dowry or not, involves complexity of disputed questions of fact, which cannot be gone into while exercising the inherent jurisdiction under Section 482 of Cr.P.C. While deciding this type of petitions the Court has to take into consideration the allegations made in the complaint only. The Court is not be justified in embarking upon an enquiry as to probability, reliability or genuineness of the allegations made in the complaint. It is settled principle of law that the Court shall not stifle the legitimate investigation more particularly at the initial stage of investigation. The material available on record is prima facie sufficient to investigate into the matter in order to ascertain truthfulness or otherwise of the allegations made in the complaint.

7. Having regard to the facts and circumstances of the case and also the principles enunciated by the Hon'ble Supreme Court in R.P. Kapoor v State of Punjab and State of Haryana v. Bhajanlal, I am of the view that it is not a fit case to quash the proceedings at the threshold.

8. Learned counsel for the petitioners submitted that the Station House Officer, Inavilli Police Station may be directed not to arrest the petitioners/A2 to A7 till completion of investigation.

9. In view of the facts and circumstances of the case, the Station House Officer, Inavilli Police Station is hereby directed not to arrest the petitioner/A2 to A7 in Crime No.14 of 2015 till completion of investigation or filing of report.

10. With the above directions, the Criminal Petition is disposed of. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_______________ JUSTICE ANIS April 06, 2015 PN THE HON'BLE MRS JUSTICE ANIS

CRIMINAL PETITION No.2675 of 2015 April 06, 2015 PN