M.Anantha Laxmi, v. The State Of Telangana,

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6808 OF 2017 ORDER:

The petitioners are A-2 & A-3 of C.C.No.46 of 2017, on the file of the Judicial Magistrate of First Class, Jadcherla, where the learned Magistrate taken cognizance for the offences punishable under Sections 498-A read with 34 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961, which is outcome of Crime No.143 of 2016, dated 18.03.2016, on the report of the 2nd respondent - de facto complainant, no other than wife of A-1.

2.

The police after investigation filed final report and the learned Magistrate taken cognizance for the offence. At the post cognizance stage, the quash petition is filed. 3.

The petitioners can raise all these contentions before the trial court at the stage of hearing before charges, if necessary by filing application under Section 239 Cr.P.C. and it is also left open to file application under Rule 37 of the Criminal Rules of Practice to consider after hearing for one to represent others.

4.

In view of the order of this Court, dated 31.07.2017, in Crl.P.No.6493 of 2017, relying upon the latest two Judge Bench expression of the Hon'ble Apex Court, dated 27.07.2017, in Crl.A.No.1265 of 2017 (SLP (Crl.) No.2013 of

Dr. SSRB,J Crl.P.No.6808 of 2017 2017 in Rajesh Sharma & Others Vs. State of U.P. & another), the matter requires to be referred by the learned trial Magistrate to the Committee to be constituted for report to consider any reconciliation and settlement and if it is not settled, then to proceed with trial on merits. 5.

Accordingly and with the above directions, this Criminal Petition is disposed of. Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

_________________________________ DR.B.SIVA SANKARA RAO, J Date: 7th August, 2017 KL

Dr. SSRB,J Crl.P.No.6808 of 2017 THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6808 OF 2017 Date: 7th August, 2017 KL