Guntur Sri Venkata Prasanna Phani Kiran v. The State Of Telangana

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.11054 of 2017 ORDER:

This petition is filed under Section 482 of Criminal Procedure Code to quash the proceedings in C.C.No.965 of 2014 on the file of II Additional Junior Civil Judge, Sangareddy, Medak District, registered for the offences punishable under Sections 498-A and 323 IPC and under Sections 3 and 4 of Dowry Prohibition Act, against petitioners/A1 to A3. 2.

Heard learned counsel for petitioners and learned Public Prosecutor for the first respondent-State.

3.

The police after investigation filed charge sheet against the accused and the learned Magistrate took cognizance for the aforesaid offences.

4.

Though it is contended by the counsel for petitioners that on the date of alleged offences, the first petitioner was residing at Australia, on the date of filing of the present petition, he is in India and the address mentioned in the cause title discloses that he is a resident of Plot No.81, Manik Sai Enclave, Kandiguda, Sainikpuri, Hyderabad. Therefore, the petitioners can raise all contentions before the trial Court at the stage of hearing before charges and if necessary by filing application under Section 239 Cr.P.C. and it is also left open to them to file application under Rule 37 of the Criminal Rules of Practice to consider after hearing for one to represent others.

5.

In view of the order of this Court dated 31.07.2017 in Crl.P.No.6493 of 2017, relying upon the latest two Judge Bench expression of the Apex Court dated 27.07.2017 in Crl.A.No.1265 of 2017 (SLP (Crl.) No.2013 of 2017 in Rajesh Sharma & Others Vs. State of

MSM,J Crl.P.No.11054 of 2017 U.P. & another), the matter requires to be referred by the learned trial Magistrate to the Committee to be constituted for report to consider any reconciliation and settlement and if it is not settled, then to proceed with trial on merits.

6.

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

___________________________________ JUSTICE M. SATYANARAYANA MURTHY 20th November, 2017 sj