Md. Enayatulla v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.2016 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash proceedings initiated against the petitioners/ accused in Crime No.374 of 2015 of Proddatur I Town Police Station, Kadapa District, registered for the offences punishable under Sections 420 and 506 read with Section 34 IPC. Heard the learned counsel for the petitioners/accused and the learned Public Prosecutor and perused the material available on record. It is alleged that there was a marriage alliance between the 1st petitioner and the 2nd respondent/de facto complainant, on which the parents of the 2nd respondent paid cash of Rs.6,00,000/- and other gold ornaments towards dowry before marriage as per the agreement entered into.

Thereafter, the 1st petitioner refused to marry 2nd respondent and when the parents of the 2nd respondent questioned the same, all the petitioners threatened them with dire consequences. Whether the petitioners/accused have committed the alleged offences or not are matters to be decided by the investigating agency, the truth or otherwise of which can be ascertained during investigation and the same cannot be decided at the threshold invoking the jurisdiction under Section 482 Cr.P.C.

Having regard to the facts and circumstances of the case and also in view of the nature of offence alleged against the petitioners, this Court is not inclined to interfere with the proceedings against the petitioners/accused. However, in view of the submission of the learned counsel for the petitioners that all the petitioners/accused are apprehending of their arrest in view of pendency of the above crime, the Police of Proddatur I Town Police Station, Kadapa, are directed to complete investigation without arresting the petitioners/ accused and file the final report, if any, in accordance with law. The petitioners/accused are directed to appear before the Investigating Agency as and when their presence is required, and cooperate with the Investigating

Agency.

With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed. _________________ RAJA ELANGO, J Date: 08-03-2016 Ksn