Thimmisetty Suman Kumar v. Dr. Sai Sravanthi

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.10108 of 2017 ORDER:

The petitioners are A.1 to A.5 in C.C.No.605 of 2017 on the file of Judicial Magistrate of First Class, Kurnool, where the learned Magistrate took cognizance of the case for the offences punishable under Sections 498-A and 506 read with Section 34 IPC and Section 4 of the Dowry Prohibition Act, which is outcome of Crime No.98 of 2016, on the report of the 1st respondent - de facto complainant, none other than wife of the 1st petitioner/A.1. 2.

The police, after investigation filed final report and at the post cognizance stage, the quash petition is filed. 3.

The petitioners can raise all these contentions before the trial court at the stage of hearing before charges, if necessary, by filing application under Section 239 Cr.P.C., and it is also left open to file application under Rule 37 of the Criminal Rules of Practice to consider after hearing for one to represent others. 4.

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 Hon'ble 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 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.

5.

Accordingly and with the above directions, this Criminal Petition is disposed of.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence.

__________________________________ M.SATYANARAYANA MURTHY,J Date: 02.11.2017 YVL

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION No.10108 of 2017 Date:02.11.2017 YVL