Sunkara Vimala v. The State Of A.P.

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY Crl.P.No.8795 of 2018

ORDER

This petition under Section 482 of Cr.P.C., is filed to quash the proceedings in Cr.No.119 of 2018 on the file of Nandyal Rural Police Station, Nandyal, Kurnool District, registered for the offences punishable under Sections 498-A, 506 IPC and under Sections 3 and 4 of Dowry Prohibition Act.

2.

The main contention of petitioner/A3 is that she is allegedly the concubine of A1, who is the husband of the second respondentde-facto complainant, and she will not come within the meaning of the relative of the husband of a woman under Section 498-A IPC and the allegations made in the complaint would not attract the offence under Section 498-A IPC and therefore, she sought for quashment of the proceedings against her.

3.

The offences allegedly committed by the accused are under Sections 498-A and 506 IPC and under Sections 3 and 4 of Dowry Prohibition Act. The Apex Court in Rajesh Sharma & Others Vs. State of U.P. & another (Crl.A.No.1265 of 2017) issued certain guidelines to all the Magistrates, who are trying matrimonial cases, and also to the High Court to appoint Family Welfare Committee. In view of the same, the Courts are bound to refer the matter to the Family Welfare Committee to permit them to proceed further and if the Family Welfare Committee finds that the petitioner is not liable for the offence punishable under Section 498-A IPC, I am sure that the proceedings against her will be closed/dropped.

MSM, J Crl.P.No.8795 of 2018 4.

Therefore, the Station House Officer of Nandyal Rural Police Station, Nandyal, Kurnool District, is directed to follow the guidelines of the Apex Court in Rajesh Sharma's case, referred supra. 5.

With the above direction, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

_____________________________ M. SATYANARAYANA MURTHY, J 21st August, 2018 sj