Shaik Noorjahan v. The State Of A.P.,Rep.,Pp

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.9039 of 2015 Between:

Shaik Noorjahan and 3 others ..... PETITIONERS/A2 to A5 AND The State of Andhra Pradesh, Rep.by its Public Prosecutor, High Court, Hyderabad and another .....RESPONDENTS The Court made the following:

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL

CRIMINAL PETITION No.9039 of 2015 ORDER:

This criminal petition is filed by the petitioners/A2 to 5 under Section 482 Cr.P.C to quash the proceedings in Cr.No.407 of 2014 on the file of Vijayawada I Town Police Station, Krishna District, registered for the offences punishable under sections 498-A IPC.

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

It is alleged that the 2nd respondent/de facto complainant is the legally wedded wife of the non-petitioner/A1 and at the time of marriage the parents of the de facto complainant gave sufficient dowry and jewelry to her in-laws. The non-petitioner/A1 is the Doctor at Australia and to take the de facto complainant to Australia, the nonpetitioner/A1 and the petitioners herein demanded Rs.2 lakhs and parents of the de facto complainant gave the said amount. The de facto complainant lived with her husband at Australia for some and came back to India. Thereafter, it is alleged that the non-petitioner/A1 and the petitioners herein demanded the parents of the de facto complainant $80,000 (AUD) for purchasing a house in Australia and for the said amount the accused subjected the de facto complainant both mentally and physically.

In so far as the petitioners/A2 to A5, who are alleged to be the parents and relatives of the non-petitioners/A1 are concerned, it is alleged that they have demanded de facto complainant for additional dowry and for other things over telephone. This is a matter, which requires investigation by the police. There are no valid grounds to quash the First Information Report.

In the facts and circumstances of the case, it is directed that the investigating agency shall proceed with the investigation, however, shall not arrest the petitioners/A2 to A5 till the investigation is completed and charge sheet is filed. The Criminal Petition is accordingly dismissed.

Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J Date:30.09.2015 Dsr