Keerthi Satish v. Smt. Keerthi Lavanya
THE HON'BLE SRI JUSTICE T. SUNIL CHOWDARY CRIMINAL PETITION No.12401 of 2015 ORDER:
1. This petition is filed under Section 482 Cr.P.C to quash the proceedings against the petitioners who are accused Nos.1 to 7 in Crime No.206 of 2015 on the file of the Woman Police Station, Ranga Reddy District for the offences punishable under Section 498-A IPC and Sections 4 and 6 of the 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 reveal that the first petitioner herein is the husband, petitioners 2 to 5 herein are family members, petitioners 6 and 7 are the distant relatives of the de facto complainant/first respondent. As per the allegations made in the complaint, the parents of the first respondent gave Rs.4.5 lakhs to the first petitioner towards dowry. It is further alleged that the petitioners have subjected the first respondent to cruelty for additional dowry. Whether the first respondent was subjected to cruelty by the petitioners herein or not will come to light only during the course of investigation.
4. Having regard to the facts and circumstances of the case on hand and also the principle laid down in R.P.Kapoor Vs. State of Punjab, State of Haryana Vs. Bhajan Lal, V.Y.Jose Vs. State of Gurajat and Teeja Devi Vs. State of Rajasthan, I am of the considered view that this is not a fit case to quash the proceedings at this stage.
5. Taking into consideration the nature of allegations made in the complaint and in view of the principle laid down by the Hon'ble Apex Court in Arnesh Kumar v State
of Bihar, the Station House Officer, Womem Police Station, Ranga Reddy District, is hereby directed to follow the procedure as contemplated under Section 41 A of Cr.P.C., in Crime No.206 of 2015 on the file of the Woman Police Station, Ranga Reddy District, so far as the petitioners herein/accused Nos.1 to 7 are concerned.
6. Subject to the above observation, this criminal petition is dismissed. As a sequel, miscellaneous petitions, pending if any in this Criminal Petition, shall stand closed. _______________________ T. SUNIL CHOWDARY, J 25th November, 2015 Bvv