Telangana High Court
Thandra Jayarathnam And 5 Others vs The State Of Telangana And Another on 21 October, 2020
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.5194 OF 2020
ORDER:
This application is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.421 of 2019, pending on the file of Peddapalli Police Station, Peddapalli District. The petitioners herein are accused Nos.1 to 6 in the above said crime. The offence alleged against the petitioners is under Section 498-A of IPC.
2. Heard learned counsel for the petitionerS and learned Public Prosecutor. Perused the record.
3. The marriage of petitioner No.1 with respondent No.2 was performed in the year 1999 i.e., about 21 years back. There are disputes between petitioner No.1 and respondent No.2 and the same are matrimonial disputes. Petitioner No.1 herein has filed OP.No.12 of 2019 before the Family Judge Court-cum-Additional District Judge at Nizamabad against respondent No.2 for dissolution of marriage on the ground of desertion and the same is pending. Petitioner Nos.2 and 3 are aged parents, petitioner No.4 is brother-in-law, petitioner No.5 is sister and petitioner No.6 is paternal uncle of petitioner No.1.
4. According to the learned counsel for the petitioners, respondent No.2 has filed the present complaint on 04.12.2019, after receipt of notice in OP.No.12 of 2019. 2
5. The above stated facts would reveal that there are matrimonial disputes between petitioner No.1 and respondent No.2. Considering the same, and also the fact that the punishment prescribed for the offences alleged against the petitioners is imprisonment of seven years or below seven years, the Criminal Petition is disposed of directing the Police, Peddapalli Police Station, Peddapalli District, to follow the procedure laid under Section 41-A of Cr.P.C., and also the guidelines issued by the Apex Court in Arnesh Kumar v. State of Bihar and another1. The Police are directed not to arrest the petitioners till the completion of investigation and filing of final report.
Miscellaneous petitions pending, if any, shall stand closed.
__________________ K. LAKSHMAN, J Date: 21.10.2020 TJMR 1 (2014) 8 SCC 273