Ramagiri Kishan v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.11971 OF 2022 O R D E R :

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitionersRespondent Nos.2 to 8 to quash the proceedings against them in FIR No.507 of 2022 pending on the file of Station House Officer, Ameenpur Police Station, Sangareddy District, registered for the offences punishable under Sections 498-A of Indian Penal Code (for short "IPC") and Sections 3 and 4 of Dowry Prohibition Act. 2.

Heard learned counsel for the petitioners - Respondents, Sri N.Manohar, learned counsel for the 2nd respondent - de facto complainant and learned Additional Public Prosecutor for the respondent - State. Perused the material on record. 3.

The case of the 2nd respondent - de facto complainant is that she was married to Accused No.1 and at the time of marriage, an amount of Rs.30,00,000/- net cash, a plot worth Rs.50,00,000/- and other gold and silver articles were given as dowry. Having joined Accused No.1 at Nizamabad, there was harassment by

Accused No.1 for additional dowry. Accused No.1 also had relationship with other women and he used to beat the 2nd respondent and also abused her in unparliamentary language. Aggrieved by the harassment made by her husband-Accused No.1, the 2nd respondent filed the present complaint. 4.

In the entire complaint, the allegations against these petitioners is that they have abetted Accused No.1 and also stated that if dowry of Rs.50,00,000/- was not given, they would perform the marriage of Accused No.1 to someone else. 5.

Since there is a bald allegation against these petitioners and as the complaint is the outcome of the disputes between Accused No.1 and 2nd respondent, this Court deems it appropriate to direct the Investigating Officer in respect of FIR No.507 of 2022 pending on the file of Station House Officer, Ameenpur Police Station, Sangareddy District, to conclude the investigation without taking any coercive steps against the petitioners - Respondent Nos.2 to 8, by strictly following the procedure laid down under Section 41-A of Cr.P.C. and also the guidelines issued by the Hon'ble Supreme

Court in Arnesh Kumar v. State of Bihar1. Further, the Investigating Agency shall consider the explanation given by the petitioners during the course of investigation. The petitioners shall co-operate with the Investigating Officer by furnishing information and documents as sought by him in concluding the investigation. 6.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed. _____________ K.SURENDER, J Date: 03.01.2023 rev 1 (2014) 8 SCC 273