B.Hari Krishna v. The State Of Telangana

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL PETITION No.4906 OF 2017 ORDER:

This petition is filed under Section 482 Cr.P.C to quash the proceedings against the petitioners/Accused Nos.1 to 4 in Cr.No.148 of 2017 on the file of Station House Officer, Saroornagar Women Police Station, registered for the offences punishable under Sections 498-A and 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

The learned counsel for the petitioners submitted that by suppressing the factum of filing of maintenance case, the second respondent lodged the present complaint. He further submitted that the allegations made in the complaint do not constitute any offence much less the offences alleged to have been committed by the petitioners.

The learned Assistant Public Prosecutor representing the State of Telangana submitted that the allegations made in the complaint prima facie constitute the offences alleged to have been committed by the petitioners.

A perusal of the record reveals that the petitioners are accused Nos.1 to 4 and the second respondent is the de-facto complainant. A perusal of the record reveals that the marriage of the second respondent was performed with the first petitioner on 12.3.2015 in Hyderabad as per Hindu rites and caste custom. As per the allegations made in the complaint, the parents of the second respondent gave Rs.2.00 lakhs cash and a motorcycle worth of Rs.1.00 lakh and other articles to the first petitioner

towards dowry. As per the allegations made in the complaint, the petitioners herein subjected the second respondent to cruelty for additional dowry. A perusal of the record further reveals that on 18.3.2017 the concerned police called both parties and made an attempt to resolve the dispute. For one reason or the other, again disputes arose between the parties.

While disposing of the petition filed under Section 482 Cr.P.C, the Court has to take into consideration the allegations made in the complaint. The Court is not justified in embarking upon an enquiry to ascertain the truthfulness or otherwise of the allegations made in the complaint. Whether the petitioners have committed the alleged offences or not will come to light during the course of investigation only. The very purpose of investigation is to ascertain the truthfulness or otherwise of the allegations made in the complaint. The allegations made in the complaint are prima facie sufficient to investigate into the matter. Having regard to the facts and circumstances of the case on hand and also the principle laid down in R.P.Kapoor v. State of Punjab1, State of Haryana v. Bhajan Lal2, V.Y.Jose v State of Gurajat3 and Teeja Devi v State of Rajasthan4, I am of the considered view that this is not a fit case to quash the proceedings at this stage.

Having regard to the facts and circumstances of the case and also the principle enunciated by the Supreme Court in Arnesh 1 AIR 1960 SC 866 2 AIR 1992 SC 604 3 (2009) 3 SCC 78 4 2015 (1) ACR 564 (SC)

Kumar v. State of Bihar5, the Station House Officer, Saroornagar Women Police Station is hereby directed to follow the procedure as contemplated under Section 41A Cr.P.C., in Cr.No.148 of 2017 so far as the petitioners who are accused Nos.1 to 4 are concerned. With the above direction, the Criminal Petition is disposed of. Consequently, Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

_________________________ T. SUNIL CHOWDARY, J Date: 28th June, 2017 Kvsn 5 (2014) 8 SCC 273