Shaik Hasham, v. Md. Fathima,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3961 OF 2016 ORDER:

This petition is filed by the petitioner-accused under Section 482 Cr.P.C. seeking to quash the proceedings against him in FIR No.109 of 2016 on the file of Ramachandrapuram Police Station, Medak District, registered for the offence punishable under Sections 417 and 420 IPC.

Heard and perused the material available on record. It is alleged that the 1st respondent and the petitioner fell in love and that the petitioner promised to marry her and had sexual intercourse with her. Later, the petitioner got marriage engagement with another lady. When the 1st respondent questioned the petitioner, he refused to marry her.

It is the case of the petitioner that he filed a private complaint against the 1st respondent and her family members for the offence punishable under Sections 384, 448, 503, 506 and 120-B r/w 34 IPC and the same was referred to the police, basing on which a crime was registered against the 1st respondent and her family members, and as a counter blast to the said complaint, the 1st respondent filed the present complaint.

Considering the facts and circumstances of the case and the allegations made in the complaint, this Court is not inclined to grant the relief sought by the petitioner.

At this stage, the learned Counsel for the petitioner submitted that due to pendency of the above crime, the petitioner apprehends arrest and harassment in the hands of the 2nd respondent-police. In view of the above submission, the 2nd respondent-police are directed to complete the investigation and file a final report, if any, in accordance with law, without arresting the petitioner. In the event of

necessity, the 2nd respondent-police are directed to issue a notice to the petitioner for the purpose of investigation. On issuance of such notice, the petitioner is directed to appear before the investigating officer and give an undertaking as to his future appearance as and when required by the investigating agency for the purpose of investigation.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 22.3.2016 Nn

HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3961 OF 2016 DATED 22.3.2016 Nn